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2023 Supreme(All) 399

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

Advocates:
Advocate Appeared:
For the Appellants : Mary Puncha (Sheeb Jose), Mohd. Kalim.

Headnote:

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:

    4.1 The applicants are not named as accused in first information report. The applicant no. 1 is a Sikh. He performs his duties as a Clerk/Cashier in Broadwell Christian Hospital, Fatehpur, while the applicant no. 2 is Bishop of Bible Ceremony at Allahabad. The applicant no. 2 is about 64 years old person and has no concern with Broadwell Christian Hospital, Fatehpur in any manner. However, he happened to be a Member of Broadwell Christian Society and his name was reflected from the documents furnished in response to the notice under Section 91 of the Code of Criminal Procedure, 1973 [Cr.P.C.] that once upon a time he happened to be a Member of that Society.

5 Brief facts in Anticipatory Bail Application No. 1376 of 2023, Mathew Samuel vs. State of U.P. and Another:

    5.1. The applicant is not named as an accused in first information report. He is a Doctor by profession and working as Senior Orthopedic Surgeon (MS) in Harbertpur Christian Hospital Society at Dehradun after being transferred from Mussoorie since 07.3.2010. He possesses Diploma of National Board (DNB) to his credit.

6. Arguments on behalf of Applicants:

    6.1 In regard to applicants-Parminder Singh and Paul Sigamony Rjmony in Criminal Misc. Anticipatory Bail Application No. 1425 of 2023, learned counsel for the applicants invited attention of the Court to a notice dated 22.11.2022 issued under Section 91 Cr.P.C. (Annexed at Page-34 of applicants’ anticipatory bail application), to Manager, Broadwell Christian Mission Hospital, Hariharganj, District Fatehpur [The Broadwell Hospital] requiring documents mentioned therein i.e. (1) Name, address and present status of accused persons relating to Hospital; (2) Registration Certificate of the Hospital; (3) Account Number of Hospital and (3) Details of persons/institutions who provided aid to the Hospital since 01.01.2022. Further, he required the Court’s attention to another notice which was subsequently issued to the appli

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