HOOBLAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NABAIL/1007/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156850 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156850 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46415 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1007 of 2025 Applicant :- Hooblal 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 Subhash Vidyarthi,J.
1. Heard Sri Srees Kumar Srivastava, the learned counsel appearing on behalf of the applicant as well as Sri Angad Kumar Vishwakarma, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.373 of 2024 under Sections 351(3) B.N.S. & Section 3, 5(1) of U.P. Prohibition of Unlawful Religious Conversion Act registered at Police Station- Kotwali Dehat, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.09.2024 against four named persons, not including the applicant, stating that the accused persons were misleading the persons and persuading them to convert their religion. 4. In the statement of the informant and other witnesses recorded by the Investigating Officer, they reiterated the FIR version and they did not implicate the applicant. 5. In the custodial confessional statement of co-accused Acche Lal, he has implicated another person named Kanhaiya Lal and in the custodial statement of Kanhaiya Lal, he implicated the applicant and thus, the applicant has apprehension of being arrested. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the Investigating Officer has submitted a charge-sheet against five persons and the investigation against the applicant is still going on. 7. Having considered the aforesaid facts and circumstances of
the case and keeping in view the fact that the applicant is not named either in the FIR or in the statements of the informant and other witnesses recorded by the Investigating Officer and he has been implicated only on the basis of custodial statement of a co-accused person and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant- Hooblal before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (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 from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 8.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench