IMPORTANT POINT
Anticipatory bail application – Defence/statement made by Advocate for appellant cannot be considered at this juncture.

JUDGMENT (CAV)

B.N. Karia, J.—By preferring this appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” for short), the appellant had challenged the order dated 28.12.2021 passed by the learned Principal Sessions Judge (Atrocities), Bharuch in connection with the FIR being C.R.No.11199003211359, dated 15.11.2021 registered with Aamod Police Station, Bharuch.

2. Short facts of the present case are as under:

2.1 An FIR was registered with Aamod Police Station, Bharuch being C.R.No. 11199003211359, dated 15.11.2021 on the information given by the respondent no.2 Shri Salman Vasant Patel/Pravinbhai Vasantbhai Vasava for alleged offences punishable under Sections 4 of Freedom of Religion Act and Section 120B, 153(B)(1)(c), 506(2) of the Indian Penal Code (hereinafter referred to as “the IPC” for short). As per the contents of the FIR, before 15 years, two of the accused viz. accused no.1-Shri Shabbirbhai Bakerywala and accused no.2- Shri Samadbhai Bakerywala came to the accused no.3 — Shri Abdul Aziz Patel/Ajitbhai Chagganbhai Vasava and by providing financial assistance, allegedly converted him to Islam and his name was changed from Ajit Chhaganbhai Vasava to Abdul Aziz Patel. It is futehr contended that the said persons have later provided financial aid and allured the accused no.4-Shri Yusuf Jivan Patel/Mahendra Jivan Vasava and accused no.5 — Shri Aiyub Barkat Patel/Raman Barkat Vasava to convert their religion. Thereafter, the accused nos. 3 to 6, who had already converted their religion, met with the respondent no.2 - informant in the year 2018, and respondent no.2 was also allegedly made to convert his religion to Islam and his name was changed to Patel Salman Vasantbhai and Aadhar Card for the said name was also got to be issued. As per the contents of the FIR, the appellants, on receiving financial aid and assistance from other accused, have converted around 37 Hindu families and 100 Hindus by providing them financial assistance and have also converted a house constructed with funds from Government to a place of worship — Ibadatgaah. It is further contended in the FIR that for the said purpose of conversion, the accused used to make statements hurting the sentiments of Hindus. It is further contended in the FIR that in the said process, around 15 persons have been converted. Thereafter, since the respondent no.2 — informant and the other persons wanted to revert to Hinduism, they were being threatened with dire consequences and not to do the same and on 26.10.2021 also such threat was given. Therefore, as per the contents of the FIR filed by the respondent no.2, his life was in danger. Hence, the FIR being C.R. No. 11199003211359 dated 15/11/2021 was registered with Aamod Police Station, Bharuch.

2.2 Subsequently, the Investigating Officer filed a report seeking to add Sections 466, 467, 468 and 471 of the IPC and Section 3(2)(5-A) of the Atrocities Act. The present appellant preferred bail application being Criminal Misc. Application No.1049/2021 filed by the accused nos.3 to 6 which was transferred to the Special Court as offences under the Atrocities Act were invoked. The said bail application came to be rejected by order dated 10.12.2021 in view of the affidavit filed by the Investigating Officer dated 09.12.2021, wherein it was stated that investigation is in progress and since many accused named in the FIR and additional accused named in the affidavit were absconding, the same would prejudice the investigation. Subsequently, on 16.12.2021, the offences under Section 4A of the Freedom of Religion Act and 84C of the Information Technology Act, 2002 are added in the FIR. In An affidavit has been filed by the Investigating Officer against the accused nos.3 to 6 declaring that the appellant and other such Maulvis were absconding, and they need to be arrested/interrogated. The appellant filed one anticipatory bail ap