Allahabad High Court
Rita Devi vs State Of U.P. And Another on 22 December, 2023
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:242685
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13088 of 2023
Applicant :- Rita Devi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Kalim,Mary Puncha (Sheeb Jose)
Counsel for Opposite Party :- G.A.
Hon'ble Alok Mathur,J.
1. Heard Ms. Mary Puncha (Sheeb Jose), learned counsel for the applicant and Sri Pankaj Kumar, learned A.G.A. for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.223 of 2023, registered under Sections 295A, 505(2), IPC and 3, 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act at Police Station- Pawai, District Azamgarh with a prayer to enlarge her on anticipatory bail.
3. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. According to the first information report the informants on receiving the information of illegal conversion of certain persons had gone to the spot and subsequently they found that the applicant along with other persons was involved in conversion of Hinduism to Christianity. The allegation regarding the applicant is that she was also present on the spot. It has been further submitted that the applicant is a lady and has been falsely implicated in the present case. It is further stated that neither the applicant persuaded nor converted any individual to another faith nor does she have any criminal history and if she is released on bail she will not misuse the said liberty.
4. It is further submitted that co-accused, namely, Sonvarsa @ Sonvarsha and Asha have already been enlarged on bail vide order 10.8.2023 passed in Criminal Misc. Bail Application No.35104 of 2023 and so are co-accused Kusum and Sangeeta vide order dated 11.8.2023 Criminal Misc. Bail Application No.35524 of 2023 and consequently stated that the role of the applicant is identical to other co-accused persons, who have already been enlarged on bail. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of her arrest. Learned counsel for the applicant undertakes that she is ready to cooperate in the investigation failing which the State can move appropriate application for cancellation of anticipatory bail.
5. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
6. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant on the ground of parity, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In view of the above, the anticipatory bail application of the applicant is allowed. Let accused-applicant- Rita Devi alias Rita Yadav be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
8. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Alok Mathur, J.)
Order Date :- 22.12.2023
RKM.
