Unlawful Religious Conversions| Allahabad HC Grants Bail To Individuals Accused Of Waging War Against India
The Allahabad High Court has granted bail to four individuals accused of waging war against India through illegal religious conversions.
The Court allowed the appeal challenging the impugned orders of the District Court, whereby the District Court rejected the bail application of four individuals accused under Sections 120-B, 153-A, 153-B, 295A, 417, 298, 121A, and 123 Indian Penal Code (IPC) and Sections 3, 5 and 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 (Conversion Act). The Court placed reliance on Supreme Court’s decision to grant bail to the other co-accused individuals.
The Division Bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I noted, “It also transpires that while granting bail to coaccused, Abdullah Umar, Hon'ble Supreme Court has been pleased to observe that "having regard to the fact that the charges have been framed, we do not think that the appellant is required to be kept in detention pending trial" and therefore, the case of the appellant is on similar footing as the charges against the present appellant has also been framed”.
Advocates Amarjeet Singh Rakhra, Mohammad Aziz Mansuri and Indu Prakash Singh appeared for the Appellants. Additional Government Advocate S.N. Tilhari appeared for the Respondents/State.
The Appellants were accused of converting a large number of people from Hinduism to Islam in Uttar Pradesh. The Appellants, allegedly, used publicity and rehabilitation programs to convert these people and generated a large amount of money to fund these activities, which violated the provisions of the Conversion Act. The Appellants contended that the first information report (FIR) originally named three accused persons and some unknown persons. The Appellants were not named in the FIR. After the investigation was concluded their names were added and the police filed a chargesheet in court.
“Having heard learned counsel for parties and upon perusal of the records it transpires that initially the first information report came to be lodged against three accused persons and some unknown persons. The present appellant was not named in the first information report. Upon conclusion of the investigation, a police report in the form of charge-sheet has been filed before the competent court, whereupon the cognizance has been taken and charges have been framed against the appellant as well as other co-accused persons and the case is proceeding for trial”, the Court asserted.
Accordingly, the Court granted bail to the Appellants and set aside the impugned orders.
Cause Title: Dheeraj Govind Rao Jagtap & Ors. v State of U.P [Neutral Citation No. : 2023: AHC-LKO:47254-DB]
Click here to read/download the Order
