SUSHMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NABAIL/671/2025 · 2025-06-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35839 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 671 of 2025 Applicant :- Sushma Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Srees Kumar Srivastava,Munish Kumar Chandra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge her on anticipatory bail in Case Crime No. 58 of 2025 u/s 299 B.N.S. and Sections 3, 5(i) of U.P. Prohibition of Unlawful Religious Conversion Act, Police Station- Mill Area, District- Raebareli.
3. Learned counsel for the applicant submits that the applicant is an innocent lady who has falsely been implicated in the present case. He further submits that co-accused - Vijay Singh, having identical role, has already been granted anticipatory bail by this Court vide order dated 27.05.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 525 of
2025. In these circumstances, the applicant is also entitled for anticipatory bail. In case of being enlarged on anticipatory bail, she will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the prayer of the applicant for grant of anticipatory bail, but he conceded the fact that co- accused - Vijay Singh has already been granted anticipatory bail by this Court.
5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused - Vijay Singh, ground of parity as well as totality of fact and circumstances, this Court is of the view that the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount
with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (ii) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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 her in accordance with law.
6. With above directions, the anticipatory bail application is allowed.
Order Date :- 18.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench