Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13698 of
2023
Applicant :- Bhanu Pratap Singh And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Ishraque Farooqui,Shailendra
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri M.I. Farooqui, learned counsel for the applicants and Sri Ravi Kant Kushwaha, learned AGA for the State.
The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 54 of 2023, under Sections 420, 467, 468, 506, 120B IPC and 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Kotwali, District Fatehpur during pendency of the trial. FIR of the present case was lodged against applicants and as many as 45 persons and 20 unknown persons and according to the FIR applicants and others along with Priest make religious conversion of number of Hindus from Hindu to Christian.
Learned counsel for the applicants submitted that on the basis of general allegation applicants were roped in the present matter along with 45 others and 20 unknown persons and there is no specific allegation with regard to religious conversion against the applicants and admittedly as per FIR Priest Vijay Masih and Manager S.D. Rao were making conversion. He next submits that against the applicants three other FIRs of similar nature were also lodged and in three cases applicants have already been released on bail. He next submits that applicants in the present matter are in jail since 20.01.2023.
Per contra, learned AGA opposed the prayer for bail and submitted that applicants along with others were involved in conversion of Hindu to Christian but could not dispute the fact that on the basis of general allegation, applicants were roped in the present matter and specific allegation of conversion has been made against Priest Vijay Masih and Manager of World Vision of India, S.D. Rao. I have heard learned counsel for the parties and perused the record
1
of the case. Although, there is allegation that applicants were involved in conversion of number of Hindus from Hindu to Christian but from the perusal of the FIR and other material on record, it appears that on the basis of general allegation applicants were made accused in the present matter along with 45 others and 20 other unknown persons and there is specific allegation against the Priest Vijay Masih and Manager S.D. Rao. It further appears from the record that three FIRs of similar nature were lodged and in all the three cases applicants have been released on bail and applicants in the present matter are in jail since 20.01.2023.
Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicants on bail. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicants - Bhanu Pratap Singh and Anju Rani be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.
(ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicants shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.
Order Date :- 11.4.2023 AK Pandey
2
Comments