Allowed

Ashish Kumar and Another v. State of U.P.

Allahabad HC13 Jan 2023BAIL/55928/2022

Case brief

AI extract

What is this about?

This judgment grants bail to two applicants in a criminal case involving charges under IPC sections related to communal offences and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act. The court directed their release on personal bond and two sureties each.

What did the court decide?

Released on bail on personal bond and two sureties each of like amount on conditions not tempering with prosecution evidence and appearing in court.

Ashish Kumar and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55928 of 2022

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Applicant :- Ashish Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicants and learned A.G.A. for the State.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 224 of 2022, under Sections 153A, 506, 450, 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.

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Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants were not named in the first information report. The name of the applicants surfaced during investigation. The applicants 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 applicants are on better footing to that of co-accused Vinay Kumar. The applicants do not have any criminal history. The applicants are in jail since 4.11.2022. In case, they are enlarged on bail, they will not misuse the liberty of bail.

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

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

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Let the applicants, Ashis Kumar & Pooja involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicants shall not temper with the prosecution evidence;

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the applicants shall not pressurize the prosecution witness;

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the applicants shall appear on each and every date fixed by the trial court.;

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 13.1.2023 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Ashish Kumar and Another v. State of U.P.

Case brief

What is this about?

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Ashish Kumar and Another v. State of U.P.

Case brief

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