Allahabad High Court
SAHIBE ALAMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that a prima facie case for bail existed.
Summary
The High Court considered a bail application filed by Sahibe Alam, who was arrested in connection with a case under Sections 87, 64(1), 351(2) of the Indian Penal Code and Sections 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The applicant claimed he was falsely implicated and argued that the alleged victim, a 21‑year‑old woman, had travelled with him to Mumbai voluntarily and did not raise any alarm, indicating consent. The State opposed bail, but the court noted the lack of any adverse material and the victim’s apparent consent, finding a prima facie case for bail. Consequently, the court granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions. The order emphasized that the bail grant does not prejudice the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged unlawful conversion of religion and other IPC offences, considering the alleged consent of the victim.
- Whether the prima facie evidence and the applicant’s lack of criminal history justify bail.
Legislation cited
- Indian Penal Code — s. 351(2), 64(1), 87
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 — s. 3/5(1)
Subjects
- bail
- consent
- unlawful conversion of religion
- Indian Penal Code
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act
- prima facie
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33853 of 2025
Sahibe Alam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikas Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.174 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dheeraj Kumar Pandey, Advocate holding brief of Sri Vikas
Chauhan, learned counsel for the applicant, Sri Jai Kishan Chaurasia,
learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.148 of 2025, under Sections 87,
64(1), 351(2) BNS and 3/5(1) of Uttar Pradesh Prohibition of Unlawful
Conversion of Religion Act, 2021, Police Station Chhawni, District Basti,
during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is stated to have took the victim to Mumbai and nobody was ready
to give them house for stay, as such, they returned. The said story as narrated
by the victim indicates her consent as she had not raised any alarm
whatsoever during the said sojourn.
5. Learned counsel for the applicant has further argued that the victim is
major aged about 21 years as per her own statement. The applicant has no
criminal history and is in jail since 26.6.2025. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
6. Learned State Law Officer has vehemently opposed the bail application
BAIL No. 33853 of 2025
2
but the submissions raised by the learned counsel for the applicant could not
be disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that victim seems to be a consenting party as she
travelled with the applicant all the way to Mumbai and had not raised any
alarm whatsoever during the said sojourn, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Sahibe Alam, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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