HARISH SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
NABAIL/386/2025 · 2025-05-01
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137478 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137478 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25049 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 386 of 2025 Applicant :- Harish Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Srees Kumar Srivastava,Munish Kumar Chandra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned A.G.A. for opposite party no.1-State. Notice to opposite party no.2 stands dispensed with.
2. First anticipatory bail application has been filed with regard to case crime No.51 of 2025, under Sections 3,5(1) of U.P. Prohibition of Unlawful Religious Conversion Act, P.S. Ikauna, District Shrawasti.
3. As per contents of first information report, the incident is said to have taken place on 03.03.2025 when the police inspector concerned who is the informant received information with regard to activities of applicant pertaining to conversion of religion.
4. It has been submitted by learned counsel for applicant that he has been falsely implicated in charges levelled against him which could be evident from a perusal of FIR itself in which none of the villagers are said to attend any of the assemblies allegedly performed by the applicant. There is also no allegation with regard to any allurement being given by applicant for change of religion. It is submitted that FIR has been lodged only on the basis of suspicion. Applicant does not have any previous criminal history and is cooperating in the investigation.
5. Learned A.G.A. has opposed anticipatory bail application with the submission that contents of FIR clearly indicate complicity of applicant in allegations levelled against him. It is however admitted that investigation still is ongoing.
6. Upon consideration of submissions advanced by
learned counsel for parties and perusal of material
on record, it appears from a perusal of FIR that the same has been lodged only on the basis of suspicion without any specific allegation of allurement being provided by applicant pertaining to conversion of religion. It is admitted that applicant does not have any previous criminal history.
7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected, in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./ 482 BNSS.
8. In view of the above, interim anticipatory bail is granted to applicant providing that in the event of arrest, the applicant- Harish Singh shall be released on anticipatory bail in the aforesaid Case Crime number on his/her furnishing a personal bond with two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned subject to following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal
presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s).
9. The application stands disposed of.
Order Date :- 1.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench