ORDER

These are the first bail application under Section 439, Cr.P.C.,1973 for grant of bail in connection with Crime No.83/2021, Police-Station-Bhanwarkuan, District- Indore for commission of the offence under Sections 3 and 5 of M.P. Freedom of Religion Ordinance,2020. The applicants Jitendra, Vipin, Ganesh and Manish are in custody since 26.01.2021. According to the applicants they are permenant resident of Indore, Jhabua and Ralam and follows hindu religion and none of the applicants practice preaches or profess christianity religion or any other religion.

As per prosecution case, on 26.01.2021, the complainant- Shalini Kaushal who is the daughter of Rakesh Kaushal and Rani Kaushal (co-accused) was taken to a place called Church Satyaprakash Sanchar Kendra Behind Bhanwarkuan-Police Station where she found that some conversion from hinduism to christianity was being conducted by number of people. She resisted but she was forcibly taken inside the hall and compelled to dance on a english tune which made her to believe that she is being pressurized for conversion into christianity. Two more complainants namely Rohit Bamania and Dishant Patidar have also faced the similar abatement or instigation in respect of conversion. On the basis of complaint Bhanwarkuan Police Station has registered an F.I.R. Sections 3 and 5 of M.P. Freedom of Religion Ordinance,2020 against as many as 11 accused including the applicants and arrested them hence, the present bail application before this Coúrt.

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE - 2 - Learned counsel for the applicants submits that M.P. Freedom of Religion Ordinance, 2020 has been published in the Gazette Notification dated 09.01.2021 and the Section 3 of the ordinance prohibits that no person shall convert or attempt to convert either directly or otherwisely any person by use of force, undue influence, abate or conspire such conversion. Under Section 5 of M.P. Freedom of Religion Ordinance,2020 there is a provision of punishment with imprisonment for the term which shall be less than one year and which may extend to five years and with fine.

Learned counsel for the applicants submits that no conversion is permissible without the presence of religious priest as defined under section 2(h) of M.P. Freedom of Religion Ordinance,2020 and as per the complaint no such father who said to be a religious priest in the christian religion was there therefore, the allegation of illegal conversion is baseless. There is no progress in the investigation since the registration of F.I.R. Only the statement of witnesses have been recorded. Nothing incriminating materials have been recovered from the applicants. They are in custody since 26.01.2021. They have no criminal past and there is nothing on record that shows that they follow the christian religion.

Learned counsel for the applicants submits that applicant Jitendra Meda had booked the campus of Iskant Sadan for celebrating the Republic Day on 26.01.2021 and also paid Rs.1,000/- as rent. The copy of the documents have filed along with the bail application.

Learned counsel for the applicants submits that complainant- Shalini Kaushal has submitted an affidavit standing no objection in granting bail to her parents.

Learned panel lawyer for the respondent/State opposes the bail application by submitting that investigation is pending and therefore, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE - 3 - applicants may not be released on bail.

As on today except statements recorded under Section 161 of Cr.P.C. of the complainant and two others nothing incriminating material has been collected by the police from Church Satyaprakash Sanchar Kendra Behind Bhanwarkuan Police Station. Before issuance of this Ordinance the conversion was prohibited but not an off