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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

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