Neutral Citation No. - 2025:AHC-LKO:33430 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4892 of 2025 Applicant :- Subhash @ Subhash Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Arvind Kumar,Pramod Kumar Khare,Prashant Shekhar,Rachna Shukla,Ramraj Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard Mr. Vivek Kumar Rawat, holding brief of Mr. Arvind Kumar, learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.373 of 2024, under Sections 351(3) of BNS and 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religious Act, 2021, registered at P.S.-Kotwali Dehat, District -Sultanpur. 3. As per contents of First Information Report, the incident is said to have taken place on 15.09.2024 when the informant allegedly saw the applicant along with co-accused providing inducement and allurement for the purposes of religious conversion. 4. It is submitted that the applicant has falsely been implicated in the allegations levelled against him only on account of previous enmity and that none of the allegations have ever substantiated. It is submitted that applicant without previous criminal history is under incarceration since 16.09.2024. 5. Learned A.G.A. has opposed the bail application but admits that applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that FIR has been lodged only with regard to observing the applicant providing allurement for the purposes of religious conversion. There is no specific allegation that informant was ever provided any such allurement or inducement. The allegation therefore would be subject matter of evidence during the course of trial. The applicant without previous criminal history is under incarceration since 16.09.2024. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Subhash @ Subhash Kumar involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 30.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench