[2026:RJ-JD:5973]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 881/2026

1. Shri Baljinder Singh Khosa S/o Shri Veer Singh, Aged About 44 Years, R/o 16S, Currently Ward No. 24, Devtha Colony, Srikaranpur, Sriganganagar,rajasthan - 335073.

(Lodged In Upkaaragraha Srikaranpur Jail)

2. Shri M.s. Matthew S/o Shri M.a. Sebastian, Aged About

67 Years, R/o Gokul Dham, Garh Road, Meerut, Uttar Pradesh Currently Ward No. 4, Srikaranpur, Sriganganagar, Rajasthan - 335073. (Lodged In Upkaaragraha Srikaranpur Jail)

----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mohan Raj. D.A.

Mr. Aneese Mohanraj Mr. Chandan Singh For Respondent(s) : Mr. Lalit Kishore Sen, Dy.G.A.

Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

02/02/2026

1. This application for bail has been filed by the petitioners under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 290/2025 dated 19.12.2025, registered at Police Station Shri Karanpur, District Sriganganagar for the offences under Section 223(b) of the BNS-2023, Sections 3 & 5 of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025 (‘RPUCR Act’) and Section 14A of the Foreigners Act, 1946.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case and false allegations have been levelled against them. He further submits that the complainant was not present at the time of the alleged incident and the petitioners have been made accused solely on the basis of assumptions. In the FIR, it has been alleged that the petitioners were attending a gathering where foreign citizens were present and the persons, who were present in the gathering, were induced to change the religion and they were even offered certain benefits. Not only this, they were preached to change their religion and they were made to believe that the religion, they are following, was not the religion which they should profess. Both petitioners, as alleged in the FIR, were found to be involved in such activities. The bail application submitted by the petitioners before the Sessions court was rejected vide order dated

03.01.2026.

2.1 Learned counsel for the petitioners further submits that the petitioners have no criminal antecedents; petitioner No.2 is aged 67 years and is a principal in a school; complainant was not present at the time of the alleged incident; petitioners are in judicial custody since 23.12.2025; and the allegations levelled in the FIR are purely based on assumption, whereas there is no evidence that the petitioners were involved in religious conversion.

In view of the above submissions, the petitioner may be enlarged on bail.

2.2 Learned counsel for the petitioners has placed reliance on judgment of the Apex Court in the case of the Moti Ram & Ors.

vs. State of M.P. : (1978) 4 SCC 47 more particularly para 14 and contends that the bail should not be denied at pre-trial stage. Furthermore, such incarceration may result in loosing the job of the accused.

3. Per contra, learned Public Prosecutor vehemently opposes this bail application and submits that the investigation is not yet concluded. The investigation so far made by the investigating agency clearly indicates that petitioners are involved in forcing the residents of the area to change their religion by inducing them to do so under the garb of treating their disease. Furthermore, they misguided them about the religion which they are professing and forced them to change their religion. The fact that the incident occurred in a remote place like Sriganganagar, which is neither a tourist place nor there is any reason for some foreigners to be present in the gathering on the date of incident, further indicates the commission of the said offence. The alleged incident clearly makes out a case under Sections 3 & 5 of the RPUCR Act. It is also stated that during investigation certain books, which were 50