The Allahabad High Court has granted bail to Abdul Rahman @ Nanni, who was accused of unlawful conversion of religion.
A Single Bench of Justice Vivek Varma passed this order while hearing a Criminal Misc Bail Application filed by Abdul Rahman alias Nanni.
The bail application, under Section 439 CrPC, has been filed with a prayer to enlarge the applicant on bail in Case under Section 3, 5(1) of UP Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station- Kavi Nagar, District- Ghaziabad during pendency of the trial.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case owing to certain other disputes between the parties. The applicant is not a preacher of Islam and nor an expert of Islam. The applicant neither persuaded nor converted any individual to another faith.
At this stage there is no cogent evidence to link the applicant with the offence. The applicant does not have any criminal history. The applicant has been in jail since 5.3.2023. In case he is enlarged on bail, he will not misuse the said liberty.
A.G.A has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
“Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no material in the FIR, whatsapp chat or call details report of mobile phone of the victim to suggest the presence of misrepresentation, force, undue influence, coercion, allurement or fraudulent means which are sine qua non for invoking section 3 of the U.P Prohibition of Unlawful Conversion of Religion Act, 2021. The applicant has no criminal antecedents.
Further the applicant has presently remained confined for almost nine months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail”, the Court observed.
The Court ordered that,
Let the applicant, Abdul Rahman @ Nanni involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
i. The applicant shall not tamper with the prosecution evidence;
ii. The applicant shall not pressurize the prosecution witness;
iii. The applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.