SURENDRA @ KALTU AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO.
BAIL/8455/2025 · 2025-09-09
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 162528 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162528 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8455 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Shweta Pandey, learned counsel for the applicants, Smt. Shikha Sinha, learned A.G.A. -I for the State and perused the records. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.0159 of 2025, under Sections 3(5) of BNS and Sections 3, 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, registered at Police Station Jethwara, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.07.2025 against 8 named persons, including the applicants, and some unnamed persons stating that the accused persons collect the poor persons of the locality on every Sunday and they earn money under pretext curing their diseased by miraculous practices. Under pretext of these activities, they are involved in illegal conversion of religion. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, they have been falsely implicated in the present case and they have no criminal history. 5. Learned counsel for the applicants has submitted that the alleged offences carry a maximum punishment of imprisonment up to 5 years. 6. Co-accused Mukesh Saroj has been granted bail by means of an order dated 04.09.2025 by this Court in Bail Application No.8337 of 2025. 7. Learned A.G.A. has opposed the bail application and she has submitted Versus Counsel for Applicant(s) : Shweta Pandey Counsel for Opposite Party(s) : G.A. Surendra @ Kaltu And 2 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
that investigation in the matter is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not contain any specific allegation of any force or threat exhorted by the applicant for conversion of religion of any specific person; that the applicant have no previous criminal history and they are languishing in jail since 20.07.2025 whereas the alleged offences carries a maximum imprisonment of up to 5 years and co-accused Mukesh Saroj has already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicants - Surendra alias Kaltu, Ashok Saroj and Ram Sanehi Saroj be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. September 9, 2025 S. Shivhare BAIL No. 8455 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench