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2025 DAILYLAW 10250 (ALL)

KAMLESH HARIJAN v. STATE OF U.P.

BAIL/2744/2025 · 2025-03-17

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38541 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2744 of 2025 Applicant :- Kamlesh Harijan Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar,Sanju Lata Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri J. K. Chaurasia, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 764 of 2024, under Section 302 of B.N.S. and Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 Police Station Kotwali Khalilabad, District Sant Kabir Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the allegation against the applicant is that he has converted various persons of Hindu Poor Schedule Caste and Other Backward Class into the Christianity. The applicant has neither preached at any place nor he has organized any Bhandara nor he has converted anyone to Christianity. He submits that the entire allegation is false and there is no evidence against the applicant. There is no independent witness of the alleged incident. The applicant is languishing in jail since 10.11.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Kamlesh Harijan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 18.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad