Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73376 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13148 of 2025 Applicant :- Imarti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri D.K.Pandey and Shri Manu Sharma, learned counsel for the applicant and Sri Anil Kumar Singh, 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 Imarti Devi, seeking enlargement on bail in Case Crime No. 78 of 2025, under Sections 3, 5 (1) of the U.P. Prohibition on Unlawful Conversion of Religion Act, 2021, Police Station- Paniyara, District-Maharajganj.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that no evidence was produced by the informant to prove the allegation that the accused-applicant has converted or tried to convert religion of any person from Hindu to Christian. He further submits that the accused-applicant did not pay money to the persons in lieu of their conversion from Hindu to Christian. No credible evidence has been collected by the Investigating Office and no incriminating material has been recovered from the possession of the applicant. He submits that there is no credible evidence against the applicant. The applicant is languishing in jail since 20.03.2025. The applicant 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, the bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Imarti Devi, involved in above mentioned case crime number be released on bail, on her 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 her 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.
Order Date :- 7.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad