Neutral Citation No. - 2025:AHC-LKO:16207 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11539 of 2024 Applicant :- Avdhesh Kumar @ Vikas Opposite Party :- State Of U.P. Thru. Addl. Chief Sec. Home Lko. Counsel for Applicant :- Devashish Bhatt,Arvind Kumar,Munish Kumar Chandra,Prashant Shekhar Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State and perused the record. 2. First bail application has been filed with regard to Case Crime No.100 of 2024 under Section 3, 5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, District Ramganj, District Amethi. 3. As per contents of first information report, allegation has been levelled upon applicant for attempting religious conversion of various persons with allurement. 4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him. It is submitted that provisions of Section 3 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 even otherwise is not applicable upon applicant particularly in view of Section 2(a) & (i) of the said Act since there was no recovery of any item which may come within definition of allurement and particularly since there is no allegation levelled against him of being a religion converter. 5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with submission that a bare perusal of impugned order make out a prima facie case against applicant of religious conversion. 6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 7. Considering the submissions advanced by learned counsel for the parties and upon perusal of material on record, prima facie, and subject to further evidence being led in trial, although allegation of religious conversion on the basis of allurement has been made but the aspect of no recovery having been made from applicant and his coming within scope of Section 3 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 read with Section 2(a) & (i) would require consideration at the stage of trial, as such, without expressing any opinion on the merits of case, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant Avdhesh Kumar @ Vikas, involved in 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 :- 20.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench