Smt. Manorama v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49453 of 2023 Applicant :- Smt. Manorama Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Upadhyay,Om Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.515 of 2023 under sections 295A, 147, 307, 504, 506 and 120-B IPC and section 3,5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Naini, District Allahabad.

¶3In terms of the FIR, nine persons were accused of insisting the people to convert the religion by offering money. It is further recorded that when resistance was done, allegedly efforts were made to throttle the neck with the cloth.

¶4The counsel for the applicant argues that the applicant has been falsely roped in and the applicant or her husband are not the owner of the property, even the medical report does not justify the allegations so as to attract the section 307 IPC. The applicant is in jail since 01.10.2023 having no criminal antecedents.

¶5Considering the fact that prima-facie the ingredients to invoke section 307 IPC are prima-facie not made out coupled with the fact that the applicant who is a lady and is in jail since 01.10.2023 is entitled for the bail. Thus the bail application is allowed.

¶6Let the applicant Smt. Manorama be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 or tamper with the evidence. Order Date :- 21.11.2023/VNP/- High Court of Judicature at Allahabad