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2025 DAILYLAW 68651 (ALL)

BANDEI ALIAS DHANDEI v. STATE OF U.P.

NABAIL/4995/2025 · 2025-07-14

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113875 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4995 of 2025 Applicant :- Bandei Alias Dhandei Opposite Party :- State of U.P. Counsel for Applicant :- Patsy David, Soni, Vandana Henry Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Despite time granted to learned AGA, no counter affidavit has been filed. 2. Heard Ms. Soni Kumari, counsel for the applicant as well as Sri P.K. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.147 of 2025, under sections 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act 2021 and Section 351(3) of B.N.S., P.S. Ahraula, District Azamgarh. 4. On 25.6.2025, this court passed the following order: Learned AGA for the State may obtain instructions and file counter affidavit. Put up this case on 15.07.2025 as a fresh case. In the event of arrest, the applicant, Bandei Alias Dhandei shall be released on interim anticipatory bail in Case Crime No. 147 of 2025, under Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and Section 351(3) of B.N.S., Police Station Ahraula, District Azamgarh, on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ court concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer will continue with the investigation and will not be affected by this order. The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order." 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant neither persuaded nor converted any individual to another faith. The incident is alleged to have occurred at a public place. There is no independent witness to the alleged incident. Pursuant to the interim order dated 25.6.2025 the applicant has joined the investigation. The applicant is a lady and has no criminal antecedents. The investigation is still pending. In case, the applicant is enlarged on bail during pendency of trial, she will not misuse the liberty of bail. 6. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that there is no independent witness to the alleged incident, pursuant to the interim order dated 25.6.2025 the applicant has joined the investigation, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant Bandei @ Dhandei, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) 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 351 of B.N.S.S. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 15.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad