Nekiram Vs State of U.P. Thru. Prin. Secy. Deppt. Home Lko. — Allahabad HC (2025) — LawSathi Research

Nekiram Vs State of U.P. Thru. Prin. Secy. Deppt. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant-Nekiram to be released on bail in Case Crime No. 08 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions: (i) shall not tamper with the prosecution evidence; (ii) shall not pressurize the prosecution witnesses; (iii) shall appear on each and every date fixed by the trial court unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant-Nekiram is entitled to be enlarged on bail in Case Crime No. 08 of 2025 (Sections 3, 5(1) U.P. Prohibition of Unlawful Religious Conversion Act), given that no victim has come forward and the applicant has no criminal history.

Court's answer

The facts are sufficient for making out a case for enlargement of the applicant on bail: no victim of any misdeed committed by the applicant has made complaint against him, the applicant has no previous criminal history, he is languishing in jail since 13.05.2025, and the investigation already stands concluded; bail allowed without any observation affecting the merits of the case.

Detailed headnote1 paragraphs

CRIMINAL MISC. BAIL APPLICATION No. 7583 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench; Subhash Vidyarthi, J.; Order Date 14.8.2025; Neutral Citation 2025:AHC-LKO:47733) - ALLOWED. Applicant Nekiram sought bail in Case Crime No. 08 of 2025 under Sections 3, 5(1) U.P. Prohibition of Unlawful Religious Conversion Act, Police Station Chandan Chauki, District Kheri, registered on an F.I.R. lodged on 12.05.2025 against four persons including him, alleging they were persuading undescribed persons to convert to Christianity; the complainant dispersed on suspicion and no victim lodged any F.I.R. or gave a statement to the Investigating Officer. Charge sheet was submitted on 04.07.2025. Finding that no victim of any misdeed committed by the applicant had complained against him, that he had no previous criminal history, that he was languishing in jail since 13.05.2025 and that the investigation stood concluded, the Court held the facts sufficient for enlargement on bail and allowed the application, directing release on a personal bond with two sureties of like amount, conditioned on non-tampering with prosecution evidence, non-pressurizing prosecution witnesses, and attendance on every trial date unless exempted, expressly without observations affecting the merits of the case.

Neutral Citation No. - 2025:AHC-LKO:47733

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7583 of 2025

Applicant :- Nekiram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deppt. Home Lko. Counsel for Applicant :- Srees Kumar Srivastava,Munish Kumar Chandra Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Srees Kumar Srivastava, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 08 of 2025, under Sections 3, 5(1) U.P. Prohibition of Unlawful Religious Conversion Act, registered at Police Station Chandan Chauki, District Kheri.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.05.2025 against four persons including the applicant stating that the accused persons were pursuading some undescribed persons to convert to Christianity. The complainant got suspicion upon seeing the applicant and other persons accompanying them and they dispersed from there.

The learned counsel for the applicant has submitted that the F.I.R. has been lodged merely on the basis of apprehension and no victim of any offence committed by the applicant has come forward to lodge F.I.R. or to give

statement to the Investigating Officer.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 04.07.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no victim of any misdeed committed by the applicant has made complaint against him coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 13.05.2025 and the investigation already stands concluded 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 applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Nekiram 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 applicant shall not tamper with the prosecution evidence;

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

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 14.8.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench