Allahabad High Court
MAINUDDINversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, given the false nature of the allegations, the consensual relationship, and the applicant's clean record, bail should be granted.
Summary
The applicant, Mainuddin, sought bail in a criminal case (Crime No. 540 of 2026) involving alleged offenses under Sections 126(2), 75, 351(3) of the BNS and Sections 3 and 5 of the U.P. Prohibition of Unlawful Conversion of Religion Act. Counsel argued that the allegations were false, asserting that the applicant neither impersonated anyone nor changed his identity, and that the 22‑year‑old victim was a consenting adult. The applicant had no prior criminal record and had been in custody since 21‑07‑2026. Considering the nature of the alleged offenses, the severity of punishment, the victim’s age and consent, and the lack of any nexus to the crime, the court found the case suitable for bail. The bail application was therefore allowed, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant is entitled to bail pending trial for the alleged offenses under the BNS and the U.P. Prohibition of Unlawful Conversion of Religion Act.
- Whether the allegations against the applicant constitute false implication warranting bail.
- Whether the age and consensual relationship of the alleged victim affect the bail decision.
Legislation cited
- BNS — s. 126(2), 351(3), 75
- U.P. Prohibition of Unlawful Conversion of Religion Act — s. 3, 5
Subjects
- bail
- false implication
- consensual relationship
- conversion of religion
- criminal procedure
- U.P. Prohibition of Unlawful Conversion of Religion Act
- BNS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32706 of 2026
Mainuddin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 88 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned
counsel for the applicant is taken on record.
2. Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant and Sri
Deepak Kumar Singh, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 540 of 2026, under Sections
126(2), 75, 351(3) of BNS and Sections 3/5 of U.P. Prohibition of Unlawful
Conversion of Religion Act, Police Station - Chiluatal, District -
Gorakhpur, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the matter. It is submitted that the allegations leveled
against the applicant are per se false, as he neither impersonated anyone nor
changed his identity. It is further submitted that the victim is an adult aged
22 years and was a consenting party to the relationship. The applicant has no
nexus with the alleged offence as narrated in the FIR, carries no prior
criminal history, and has been languishing in custody since 21.07.2026.
5. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, nature of offence, severity of punishment
and particularly the age and consensual stance of the victim, this Court
prima facie finds it a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant-
BAIL No. 32706 of 2026
2
Mainuddin, be released on bail on furnishing a personal bond and two
sureties to the satisfaction of the court concerned, subject to verification of
sureties, with the conditions that he shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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