CHINTA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/11140/2024 · 2025-03-03
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165924 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12632 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11140 of 2024 Applicant :- Chinta Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Surya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 398 of 2024, under sections 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act,2021, Police Station-Kotwali Ayodhya, District- Ayodhya. It is submitted by learned counsel for the applicant that in this case applicant is lady and has falsely been implicated in this case for converting the people into Christianity by tempting them for Rs. 10,000/-. It is further submitted that nothing was recovered from the possession of the applicant to show that she was tempting the people for conversion. There is no criminal antecedent against the applicant though she is languishing in jail since 29.07.2024 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial, therefore, request to release the applicant on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, she is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 29-07-2024; the applicant is a woman; there is no previous criminal history of the applicant as has been explained in paragraph 16 of the bail application coupled with the fact that she has undertaken that if she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Chinta Devi, involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3) 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.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 3.3.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench