Krishan Pahal, J.

1. Heard Sri Rayoof Ali, learned counsel for the applicant as well as Sri Ram Mohit Yadav, learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0427 of 2021, under Sections 366, 376, 323, 506 of IPC and Sections 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station Khalilabad, District Sant Kabir Nagar, during the pendency of trial.

3. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant on 16.06.2021 at about 05:00 PM although she is stated to have taken some ornaments and valuables from the house.

4. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The victim is a consenting party as she had remained with the applicant for a duration of eight months and both have married. The applicant and the victim had also come to this Court for protection. Learned counsel has further stated that the age of the victim is 26 years and the FIR also indicates her age to be 18 years thus, she is major. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. The applicant is languishing in jail since 15.07.2022 having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

6. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, stage of trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, I find it a fit case for releasing the applicant on bail.

7. Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Mohammad Anees involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.