ROHIT RANJAN AGARWAL
Kailash – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. Heard Sri Saket Jaiswal, learned counsel for the applicant and Sri P.K. Giri, learned Additional Advocate General assisted by Sri Sunil Kumar, learned AGA for the State of U.P.
2. By means of the present bail application, the applicant-Kailash seeks bail in Case Crime No. 201 of 2023, under Section 365 IPC & Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station-Maudaha, District-Hamirpur, during the pendency of trial.
3. Prosecution story as unfolded from the First Information Report is that one Ramphal, brother of the informant Ramkali Prajapati was taken by the applicant-Kailash from Hamirpur to Delhi for attending the social gathering and ceremony for the well-being. According to the FIR, many persons from the said village were taken to social gathering and were converted into Christianity. The applicant had promised the informant that her brother who was suffering from mental illness will be treated, and shall be returned to his native village, within a week. When the brother of the informant did not return after a week, she asked the applicant that her brother has not returned, however, she did no
Article 25 of the Constitution does not permit conversion from one religion to another, emphasizing the right to propagate one's faith without infringing on others' beliefs.
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....
Coercion in religious conversion violates individual rights and statutory provisions, justifying the rejection of bail.
Anticipatory bail application – Defence/statement made by Advocate for appellant cannot be considered at this juncture.
Religious conversion does not permit an individual to claim caste benefits under law, and statements under Section 161 Cr.P.C. are not considered formal evidence in court.
Conversion from Hinduism to Christianity disqualifies individuals from Scheduled Caste status, impacting eligibility for caste-based benefits.
The term 'any aggrieved person' in the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act includes law enforcement officers, allowing them to register FIRs to maintain public order.
Protection of cultural identity under PESA Act does not violate religious freedom, and reasonable restrictions may be imposed on movement and religious activities to maintain social order.
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