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Neutral Citation No. - 2025:AHC:38483 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1651 of 2025 Applicant :- Jagarnath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ambleshwar Pandey,Jagdamba Raj Jaiswal,Sagar Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Ambleshwar Pandey, learned counsel for the applicant, Shri Jai Krishna Chaurasiya, learned AGA for the State- respondents and perused the record.
2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Jagarnath Yadav, seeking enlargement on bail in Case Crime No. 477 of 2024, under Sections 3/5 (1) of the U.P. Unlawful Conversation Act, 2021, Police Station Nichlaul, District Maharajganj.
3. 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 23.09.2024.
Learned counsel for the applicant submits that applicant is a milkman and on account of non supplying 20 liter milk to the Station House Officer, false FIR has been lodged against the applicant. No conversion was being taken place. In the FIR itself, it is not mentioned that which person was forced to adopt the Christianity at the time of incident. Learned counsel for the applicant submits that FIR has been lodged on 22.9.2024 and charge sheet has been submitted before the Court concerned on
23.9.2024. 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. Co-accused namely Mangal Yadav and Bhim Bahadur Gurung and Bishnu Maya @ Bishnu KUmar Gurung have already been enlarged on bail vide orders dated 16.12.2024 and 20.12.2024 passed by this Court in Crl. Misc. Bail Application Nos. 39828 of 2024 and 42343 of 2024, respectively. Hence, bail has been prayed for.
4. Learned AGA has vehemently opposed the prayer for bail.
5. 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Jagarnath Yadav, 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.
8. 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 :- 18.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad