IN THE HIGH COURT OF ALLAHABAD
MANJU RANI CHAUHAN, J.
Parminder Singh and Another – Appellants
Versus
State of U.P. and Another – Respondents
Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos. 1376, 1425 of 2023
Decided On : 28-02-2023
Indian Penal Code, 1860 – Sections 153-A, 506, 420, 467, 468, 471 – Criminal Procedure Code, 1973 – Section 438 – U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 – Section 3, 5 – First Information Report – Anticipatory bail applications have been moved for grant of anticipatory bail in Case prosecution version surfaces first information report lodged by informant Dixit with allegations of Hindu religion have been congregated at Evangelical Church of India – Held, Court finds accused are persons connected with Christian Society and involved in mass conversion evidence in regard has been collected by Investigating Officer found them to be custodian of premises from where recovery of relevant material proving offence of mass conversion has been done – Learned counsel parties nature of accusation of offence applicants being persons connected with Society intent behind charitable works appears to be dubious affecting interest of marginal section of society law impact – Court not find it a fit case for granting anticipatory bail – Applications stand rejected.
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Both anticipatory bail applications have been moved for grant of anticipatory bail in Case Crime No. 224 of 2022, under Sections 153-A, 506, 420, 467, 468, 471 Indian Penal Code, 1860 [IPC] and 3 and 5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 (U.P. Act No. 3 of 2021) [the Act 2021], Police Station Kotwali, District Fatehpur.
2. Instant case, as the prosecution version surfaces, is; a first information report [The FIR] was lodged by the informant-Himanshu Dixit with the allegations that about 90 persons of Hindu religion have been congregated at Evangelical Church of India, Hariharganj, Fatehpur for the purpose of their conversion to Christianity by putting them under undue influence, coercion and luring them by playing fraud and promise of easy money etc.; on receiving this information, the Government officers reached the place and interrogated the pastor Vijay Massiah; he disclosed that the process for conversion was going on for the last 34 days and that this process shall be completed within 40 days; that they have been trying to convert even the patients admitted to the Mission Hospital and the employees have played an active role in the same; the Government officers found 35 persons (named in the F.I.R.) and 20 unknown persons as having been involved in this conversion of 90 persons of Hindu community to Christianity. The F.I.R. was registered under Sections 153A, 506, 420, 467, 468 I.P.C. and Sections 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act and the matter was investigated upon.
3. Sri Dilip Kumar, learned Senior Advocate assisted by Sri Rizwan Ahmad, learned counsel appears for the applicants, Sri Manish Goel, learned Additional Advocate General/ learned Senior Advocate assisted by Sri Amit Singh Chauhan, learned AGA-I and Sri Pankaj Srivastava, learned AGA, appears for the State-respondent.
4. Brief facts in Anticipatory Bail Application No. 1425 of 2023, Parminder Singh and Another vs. State of U.P. and Another:
5 Brief facts in Anticipatory Bail Application No. 1376 of 2023, Mathew Samuel vs. State of U.P. and Another:
6. Arguments on behalf of Applicants:
Amish Devgan vs. Union of India and Others
Badshah vs. Urmila Badshah Godse
Gurbaksh Singh Sibbia vs. State of Punjab
K.H. Nazar vs. Mathew K. Jacob and Others
Lavesh vs. State (NCT of Delhi)
P. Chidambaram vs. Directorate of Enforcement
Pokar Ram vs. State of Rajasthan and Others
Rev. Stainislaus vs. State of Madhya Pradesh and Others
State of U.P. vs. Deoman Upadhyaya
Surendra Kumar Verma vs. Central Govt. Industrial Tribunal-cum-Labour Court
State of Madhya Pradesh vs. Pradeep Sharma
Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab
Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another
Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others
Anticipatory bail application – Defence/statement made by Advocate for appellant cannot be considered at this juncture.
Prima facie evidence of attempting to convert individuals from one religion to another through force, allurement, or fraudulent means.
The main legal point established in the judgment is that the provisions of Section 3 of the Act of 2021, which prohibit conversion from one religion to another by use of misrepresentation, force, und....
Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Arrest of an offender during in....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
The central legal point established in the judgment is the significance of the love relationship between the parties, the absence of caste or community barriers, and the lack of evidence supporting t....
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