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2025 DAILYLAW 87553 (ALL)

DASHARATH PRASAD v. STATE OF U.P.

NABAIL/6837/2025 · 2025-09-23

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6837 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant as well as Sri N.K. Sharma, 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.133 of 2024, under section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Baburi, District Chandauli. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Lal Bahadur, Phoolchandra, Managu Ram and Shivpoojan Ram, who were apprehended at the spot. The said statements, insofar as they implicate the applicant, are unreliable. The applicant neither persuaded nor converted any individual to another faith. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. Investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but Versus Counsel for Applicant(s) : Sanju Lata, Soni Counsel for Opposite Party(s) : G.A. Dasharath Prasad .....Applicant(s) State of U.P. .....Opposite Party(s) could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations and the fact that the name of the applicant was disclosed by co- accused Lal Bahadur, Phoolchandra, Managu Ram and Shivpoojan Ram, who were apprehended at the spot, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 8. 8. In the event of arrest, the applicant Dasharath Prasad, be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S. on 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 concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a 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. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order NABAIL No. 6837 of 2025 2 independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. September 24, 2025 Sachin Mishra NABAIL No. 6837 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad