Allahabad High Court
SONU KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail to the applicant.
Summary
The High Court of Allahabad considered an anticipatory bail application filed by Sonu Kumar under CrPC Section 482 in connection with a case under Sections 3 and 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act. The applicant claimed he was falsely implicated, asserted his Hindu faith, and denied any inducement to convert persons to Christianity. The State opposed bail, arguing the alleged acts were punishable and that the applicant might need to be detained for interrogation. The court noted the applicant had no criminal record, the informant’s allegations appeared suspicious, and false implication could not be ruled out. Without passing on the merits, the court deemed it appropriate to grant anticipatory bail with standard conditions, including cooperation with police and no intimidation of witnesses.
Issues considered
- Whether anticipatory bail can be granted under CrPC Section 482 in a case arising under the U.P. Prohibition of Unlawful Conversion of Religion Act.
- Whether the allegations against the applicant justify denial of anticipatory bail.
- Whether the possibility of false implication warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- U.P. Prohibition of Unlawful Conversion of Religion Act — s. 3, 5(1)
Subjects
- anticipatory bail
- conversion of religion
- false implication
- CrPC Section 482
- U.P. Prohibition of Unlawful Conversion of Religion Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9617 of 2026
Sonu Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Awadhesh Kumar, Sanju Lata
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State
and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 351 of 2026, under Sections 3,5(1) of U.P.
Prohibition of Unlawful Conversion of Religion Act, Police Station-
Jiyanpur, District -Azamgarh, with a prayer to enlarge him on anticipatory
bail as the applicant apprehends his arrest in the above-mentioned case.
3. Learned counsel for the applicant has contended that the applicant has
been falsely implicated in the present case. The applicant professes the
Hindu religion and has never abetted or in any manner enticed any other
person to convert to Christianity. The allegations are of the applicant and the
other accused extolling the virtues of Christianity while deprecating the
Hindu religion and were trying to induce poor people into converting to
Christianity by promising them money and other temporal and divine
benefits. Learned counsel has further contended that many other allegations
have been made and at the relevant point of time, i.e. on 16.08.2026, it has
been stated that in the presence of 70 to 80 men and women, the applicant
and the other accused were preaching Christianity and were deprecating the
Hindu religion. Learned counsel has further contended that as stated above,
the applicant is a practicing Hindu, never indulged in any such occurrence as
has been mentioned in the FIR. Applicant is a resident of District Mau and
had gone to a relative's house in District Azamgarh on a social call.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail
and has contended that the applicant and the other accused by promising
money and other benefits were enticing poor citizens to convert to
Christianity. Such an act is punishable under the UP Prohibition of Unlawful
NABAIL No. 9617 of 2026
2
Conversion of Religion Act. The crime is heinous in nature and the applicant
may be required for custodial interrogation. He may not be considered for
grant of anticipatory bail.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. The applicant is not reported to have any criminal antecedents. He claims
to be a practicing Hindu. The allegations that have been made against the
applicant, who is a resident of District Mau, by the informant who claims to
be a resident of District Azamgarh without any prior contact, appears to be
quite suspicious. The other accused are the father-in-law and brother-in-law
of the applicant. In the opinion of the Court, false implication of the
applicant cannot be ruled out.
7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant is
allowed.
9. In the event of the arrest of the applicant -Sonu Kumar, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-
i. 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;
iii. that the applicant shall not leave India without the previous permission of
the Court;
iv. that the applicant shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively for
deciding the instant anticipatory bail application and are not to be considered
to be an opinion on the merits of the case.
September 30, 2026
Sartaj
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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