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2025 DAILYLAW 81724 (ALL)

MANOHAR PRASAD AND ANOTHER v. STATE OF U.P.

BAIL/27041/2025 · 2025-09-18

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27041 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vandana Henry, learned counsel for the applicants and Sri Pranshu Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicants seek bail in Case Crime No. 365 of 2025, under Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station - Kotwali, District - Maharajganj, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are innocent and have been falsely implicated in the present case out of local rivalry. They have nothing to do with the said offence as alleged in the FIR. They are the proponent of Hinduism. There is no evidence of any person on record to suggest that he/she has been subjected to conversion by the applicants. 5. Learned counsel has also stated that the applicants are languishing in jail since 09.07.2025, having no criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Patsy David, Vandana Henry Counsel for Opposite Party(s) : G.A. Manohar Prasad And Another .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that there is no evidence on record with regard to convert the religion of any person by the applicants, prima facie I find it a fit case to release the applicants on bail. The bail application is allowed. 8. Let the applicants- Manohar Prasad and Virendra Kumar, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 19, 2025 Siddhant BAIL No. 27041 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad