Lakshmi Shankar and Another v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14365 of 2023 Applicant :- Lakshmi Shankar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Devashish Bhatt,Munish Kumar Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Devashish Bhatt, the learned counsel for the applicants, Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No.0467 of 2023, under Sections 298 I.P.C. and Sections 3, 5 (1) of U.P Prohibition of Unlawful Conversion of Religion Act, 2021, registered at Police Station Lalganj, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.09.2023 against 7 named accused persons and two unknown persons, stating that the accused person had committed some acts purporting as conversion of religion of the informant's eleven years old son.

¶4In the affidavit filed in support of bail application it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history.

¶5A supplementary affidavit has been filed annexing therewith the copies of parivar register and caste certificate of the applicants in support of their claim and they belong to a scheduled caste.

¶6The learned counsel for the applicant has submitted that the applicants themselves do not follow christian religion and there is no occasion for them to convert the victim to Christianity.

¶7The copy of the statement of the victim recorded by the Investigating Officer has been annexed with the affidavit filed in support of the application, wherein he did not name the applicants.

¶8The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicants have no previous criminal history and they are languishing in jail since

17.09.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicants-Lakshmi Shankar and Ram Ratan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicants shall not tamper with the prosecution evidence;

(ii) the applicants shall not pressurize the prosecution witnesses;

(iii) the applicants shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 18.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench