Allahabad High Court
Sadab @ Ayan Khan vs State Of U.P. And 3 Others on 25 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:185951 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41387 of 2023 Applicant :- Sadab @ Ayan Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sheo Ram Singh,Deepak Singh Yadav Counsel for Opposite Party :- G.A.,Sushma Soni Hon'ble Sameer Jain,J.
1. Dr. Sushma Soni Advocate filed her power today on behalf of the informant, which is taken on record.
2. Heard Sri Deepak Singh Yadav, learned counsel for the applicant, Dr. Sushma Soni, learned counsel for the informant and Sri P.K. Giri, learned AAG assisted by Sri Jhamman Ram, learned AGA for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 210 of 2023, under Sections 376, 506, 120-B IPC & 5/6 POCSO Act & 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act & 67(A) I.T. Act, Police Station- Kotwali, District- Jaunpur, during pendency of the trial in the court below.
4. FIR of the present case was lodged on 27.07.2023 against applicant and four others and according to the FIR, co-accused Shoeb Ahmad was for last two years sexually exploiting the minor daughter of the informant and number of times he has taken her to the hotel and as per the FIR, applicant and other accused persons remained present outside the hotel.
5. It is further mentioned in the FIR that co-accused Shoeb Ahmad also prepared indecent videos and photographs of the victim and also compelled her to change her religion.
6. It is further mentioned in the FIR that co-accused Shoeb forcibly joined the victim to Group-77 on instagram. It is further mentioned in the FIR that co-accused Shoeb also involved with other Hindu girls for his love jehad mission.
7. Learned counsel for the applicant submitted that it appears from the perusal of the FIR and from the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. that all the allegations of rape, conversion of religion and love jehad is against co-accused Shoeb and only allegation against the applicant is that on 22.04.2023 when co-accused Shoeb was committing rape with the victim in the hotel room then applicant and other accused persons were also present outside the hotel and except this, there is no other allegation against the applicant.
8. He further submitted that applicant is not having any previous criminal history and he is in jail since 02.08.2023.
9. Per contra, learned AAG as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the part of a racket, who involved in conversion of religion of Hindu girls to Islam and applicant also facilitated the principal accused Shoeb Ahmad in the present matter but both the counsels could not dispute the fact that in the FIR and in the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. entire allegation of love jehad, rape and conversion of religion is against the co-accused Shoeb Ahmad and only allegation against the applicant is that on 22.04.2023 when co-accused Shoeb Ahmad was committing rape with the victim in the hotel room then applicant along with other accused persons was present outside the hotel. Both the counsels further could not dispute the fact that except the present case, there is no other criminal history of the applicant.
10. I have heard learned counsel for the parties and perused the record of the case.
11. Although, in the FIR serious allegations of rape, conversion of religion and love jehad have been levelled but all these allegations are against co-accused Shoeb Ahmad and in both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. also victim made all these allegations against co-accused Shoeb Ahmad and only allegation against the applicant in the FIR and in both the statements of the victim is that on 22.04.2023 he was also present outside the hotel while co-accused Shoeb Ahmad was committing rape with the victim in the hotel room.
12. Further, although, from the record, it reflects that during the course of commission of offence, co-accused Shoeb Ahmad also prepared indecent videos and photographs of the victim with the help of co-accused Santosh Maurya but there is no allegation against the applicant that either he prepared any indecent videos and photographs of the victim or posted the same on social media and neither there is any allegation that he also involved in joining the victim to King 77 group, who involved in love jehad.
13. Further, applicant is not having any criminal history and he is in jail since 02.08.2023.
14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.
15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
16. Let the applicant- Sadab @ Ayan Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 25.9.2023 KK Patel