2023 Supreme(Online)(All) 26766
ALLAHABAD HIGH COURT
VIKRAM SINGH – Appellant
Versus
State – Respondent
BAIL/58018/2022
An accused is entitled to bail if he is not named in the FIR, did not induce anyone to convert into another religion, believes in peace and universal brotherhood, has no criminal history apart from the present case, and is not a flight risk.
Headnote:
BAIL - UTTAR PRADESH PROHIBITION OF UNLAWFUL CONVERSION AND RELIGION ACT - APPLICANT NOT NAMED IN FIR - NO INDUCEMENT TO CONVERT INTO ANOTHER RELIGION - BELIEF IN PEACE AND UNIVERSAL BROTHERHOOD - NO CRIMINAL HISTORY - NOT A FLIGHT RISK - BAIL GRANTED
Fact of the Case:
The applicant was arrested and charged under Sections 153 (A), 506, 420, 467, 468, 471 IPC and Section 3/5/1 of the Uttar Pradesh Prohibition of Unlawful Conversion and Religion Act. The applicant was not named in the FIR and did not induce anyone to convert into another religion. The applicant believes in peace and universal brotherhood and has no criminal history apart from this case.
Finding of the Court:
The court found that the applicant was not named in the FIR, did not induce anyone to convert into another religion, believes in peace and universal brotherhood, has no criminal history apart from this case, and is not a flight risk. The court also found that the applicant has always cooperated with the investigation and undertakes to cooperate with the court proceedings.
Issues: Whether the applicant should be granted bail.
Ratio Decidendi: The court held that the applicant is entitled to bail as he was not named in the FIR, did not induce anyone to convert into another religion, believes in peace and universal brotherhood, has no criminal history apart from this case, and is not a flight risk.
Final Decision: The court allowed the bail application and ordered the release of the applicant on bail.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58018 of
2022
Applicant :- Vikram Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki,Rajpal Singh
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the
applicant has prayed to be enlarged on bail
in Case Crime No. 224 of 2022 at Police
Station- Kotwali, District- Fatehpur under
Sections 153 (A), 506, 420, 467, 468, 471
IPC and Section 3/5/1 of Uttar Pradesh
Prohibition of Unlawful Conversion and
Religion Act. The applicant is in jail since
04.11.2022.
The bail application of the applicant was
rejected by the learned trial court on
24.11.2022.
The following arguments made by Shri
Brajesh Kumar Solanki, learned counsel
assisted by Sri Pranjal Kesarwani, learned
counsel on behalf of the applicant, which
could not be satisfactorily refuted by Shri
Rishi Chaddha, learned AGA from the
record, entitle the applicant for grant of
bail:
(1). The applicant was not named in the
FIR.
(2). The applicant did not induce anyone to
convert into another religion.
(3). The applicant believes that all religions
preach the language of peace and
universal brotherhood.
(4). The applicant does not have any
criminal history apart from this case.
(5). The applicant is not a flight risk. The
applicant being a law abiding citizen has
always cooperated with the investigation
and undertakes to cooperate with the court
proceedings. There is no possibility of his
influencing witnesses, tampering with the
evidence or reoffending.
In the light of the preceding discussion and
without making any observations on the
merits of the case, the bail application is
allowed.
Let the applicant- Vikram Singh be
released on bail in the aforesaid case
crime number, on furnishing a personal
bond and two sureties each in the like
amount to the satisfaction of the court
below. The following conditions be imposed
in the interest of justice:-
(i) The applicant will not tamper with the
evidence or influence any witness during
the trial.
(ii) The applicant will appear before the
trial court on the date fixed, unless
personal presence is exempted.
Order Date :- 11.1.2023
Pravin
Digitally signed by :-
PRAVIN VERMA
High Court of Judicature at Allahabad