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2025 DAILYLAW 6710 (ALL)

SUJIT KUMAR ALIAS SUJIT KUMAR MAICY v. STATE OF U.P.

BAIL/1179/2025 · 2025-04-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63600 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1179 of 2025 Applicant :- Sujit Kumar Alias Sujit Kumar Maicy Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar,Deepak Singh Patel,Mohd Shamim Khan,Sanju Lata Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Sunil Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 224 of 2024, under Sections 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Ordinance Act, 2021, Police Station Uska Bazar, District Siddharth Nagar. 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 converted their religion from Hindu to Christian. He further submits that the accused-applicant did not pay money to the persons in lieu of 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 the applicant had not insulted the religious believes by abusing the Hindu Deities and had also not motivated the people to adopt Christianity. The applicant is languishing in jail since 02.12.2024. co-accused Madhu Maicy and Sapana, Ramesh and Ram Prasad, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 1368 of 2025 and 1523 of 2025, vide order dated 22.04.2025. The applicant 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, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Sujit Kumar @ Sujit Kumar Maicy, 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 :- 25.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad