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2025 DAILYLAW 190706 (ALL)

SMT. KIRAN JOSUA v. STATE OF U.P.

BAIL/30326/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30326 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed on behalf of application is taken on record. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Smt. Kiran Josua, seeking enlargement on bail in Case Crime No. 273 of 2025, under Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station Sindhauli, District Shahjahanpur, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 26.07.2025. Learned counsel for the applicant submits that there is no evidence against the applicant. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Smt. Kiran Josua, involved in above mentioned case crime number be released on bail on her executing a personal bond Versus Counsel for Applicant(s) : Mary Puncha (Sheeb Jose), Mohd. Kalim Counsel for Opposite Party(s) : G.A. Smt. Kiran Josua .....Applicant(s) State of U.P. .....Opposite Party(s) and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. October 14, 2025 Gss BAIL No. 30326 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad