Poonam Chaudhary v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46449 of 2023 Applicant :- Poonam Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned AGA for the State.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 282 of 2023, under Sections 3(5)(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2021, Police Station-Prem Nagar, District-Jhansi, during pendency of the trial.

¶3Counsel for the applicant contends that the applicant is a lady and has been falsely implicated in the instant case. The applicant neither persuaded nor converted any individual to another faith. At this stage, there is no cogent material to connect the applicant with the offence. The applicant is entitled for protection under Section 437 (2) Cr.P.C. The applicant is in jail since 29.07.2023 having no criminal history and in case she is released on bail, she will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that at present there is no substantive evidence against the applicant. Further, the applicant is a lady and has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Poonam Chaudhary, involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.11.2023 Lbm/- High Court of Judicature at Allahabad