The Court granted bail to the applicant, Prince, involved in a criminal case alleging unlawful conversion of religion, cheating, and forgery. The applicant was released on a personal bond and two sureties subject to standard conditions.
The applicant is released on bail on furnishing a personal bond and two sureties each of the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55887 of 2022
Applicant :- Prince Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Counter affidavit, filed today, is taken on record.
Heard learned Counsel for the applicant and learned A.G.A. for the State.
The 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. 224 of 2022, under Sections 153A, 506, 420, 467, 468 and 471 I.P.C., and 3/5(1) U.P. Prohibition of Unlawful Conversion of religion Act, Police Station- Kotwali, DistrictFatehpur during pendency of the trial.
Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was not named in the first information report. The name of the applicant surfaced during investigation. The applicant neither persuaded nor converted any individual to another faith. It is next submitted that the named accused Vinay Kumar has been granted bail by this Court on 28.11.2022 in Criminal Misc. Bail Application No. 53752 of 2022. The case of the applicant is on better footing to that of co-accused Vinay Kumar. The applicant does not have any criminal history. The applicant is in jail since 4.11.2022. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant, Prince involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In 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 :- 10.1.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Prince
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
