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2025 DAILYLAW 41837 (ALL)

GAURAV KUMAR GAUD v. STATE OF U.P.

BAIL/12397/2025 · 2025-04-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57077 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12397 of 2025 Applicant :- Gaurav Kumar Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Vandana Henry Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Vandana Henry, learned counsel for the applicant, Shri Umesh Kumar Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Gaurav Kumar Gaud, seeking enlargement on bail in Case Crime No. 127 of 2025, under section 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station Kotwali, District Maharajganj. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.03.2025. Learned counsel for the applicant further submits that allegations levelled in the F.I.R. is beyond the facts and the said case has been registered on the basis of fabricated facts. The prosecution does not have any evidence and neither does it have any independent witness. He next submits that the informant resides in Vishnupura Bhitauli, Maharajganj and is a political person and he has been made accused to the applicant out of malice. Learned counsel for the applicant further submits that there is also no eye witness in the First Information Report and no book or equipment for conversion has been recovered from the applicant, if any, item has been shown to be recovered, it must have been shown fake by the police. He has no criminal antecedent and there is no likelihood of his 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, Gaurav Kumar Gaud, involved in above mentioned case crime number be released on bail, on his executing a personal bond 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 his bail. Order Date :- 16.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad