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, undue influence, coercion, allurement, or fraudulent means, must be evaluated in light of the competence of the person lodging the first information report and the absence of material showing the use of undue influence or allurement for mass conversion.

JUDGMENT :

1. This Court vide order dated 24.08.2023 had passed the following order:

“1.The case is being taken up in the revised call.

2. Learned A.G.A. has already filed the counter affidavit. In reply thereto learned counsel for the appellant has filed the rejoinder affidavit. The same are available on record.

3. Vide order dated 31.07.2023 this Court had passed the following order:

"Learned A.G.A. has filed counter affidavit today in Court. The same is taken on record.

Learned counsel for the appellants prays for and is allowed ten days' time to file rejoinder affidavit.

As per Office Report dated 28.07.2023, notice has already been served upon opposite party no.2 but neither any counter affidavit has been filed till date nor any counsel is present to represent the opposite party no.2.

As a last opportunity, ten days' time is granted to the opposite party no.2 for filing counter affidavit. Two days, thereafter, is allowed to the learned counsel for the appellants to file rejoinder affidavit.

Put up this case on 24.08.2023. "

4. Today, when the case is taken up, neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on her behalf. It appears that the opposite party No.2 is interested to contest the case.

5. In the above circumstances, as the matter pertains to bail, this Court has no option but to proceed for final arguments to decide the present appeal.

6. Heard Sri Vishva Nath Pratap Singh, learned counsel for the appellants and Ms. Shikha Sinha, learned A.G.A. for the State.

7. Judgement reserved.”

2. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 03.03.2023 passed by court of learned Special Judge S.C./S.T. Act, Ambedkar Nagar, in Bail Application No. 178/2023 (Jose Papachen and another Vs. State of U.P.), arising out of Case Crime No. 0031/2023, under Section 3 and 5 (1) of Uttar Pradesh Prohibition of Conversion of Religion Act, 2021 (here-in-after referred to as “Act 2021”) and Section 3 (1) (Dha) SC/ST Act, Police Station Jalalpur, District Ambedkar Nagar, whereby the bail application of the appellant has been rejected.

3. Learned counsel for the appellants submits that on 24.01.2023 an F.I.R. was lodged under Section 3 and 5 (1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021(herein after called as the Act, 2021) and Section 3(1) (dha) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (Amendment 2015) against the appellants at Police Station Jalalpur bearing F.I.R. No. 0031 by the complainant, who is Zila Manti of Bhartiya Janta Party Ambedkar Nagar, alleging therein that the appellants are engaged for conversion of religion by various allurement amongst the communities of Scheduled Caste and Scheduled Tribe since three months. Consequently, the members of Scheduled Caste and Scheduled Tribe are annoyed with the activities of conversion of Religion by the appellants.

4. Learned counsel for the appellants further submits that the appellants are innocent and has been falsely implicated in the present case due to political rivalry. The appellants are not involved in any such type of activities, as alleged in the F.I.R. and the F.I.R. has been lodged only to defame the image of the appellants and their entire family in the society.

5. Learned counsel for the applicant has placed emphasis on Section 3 of the Act, 2021 which provides prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion and allurement, clearly specifying that conversion on the aforesaid grounds from one religion to another religion is prohibited. False allegations regarding allurement and undue influence for the purposes of mass conversion have been made. It has also been alleged that free treatment was being provided to patients in the hospital which can not be said to be a temp