The Allahabad High Court recently granted bail to a man booked under UP Prohibition of Unlawful Religious Conversion Ordinance, while noting that nothing convincing had been argued on behalf of the complainant & State to deny him bail.
A Single Bench of Justice Arvind Kumar Mishra-I passed this order while hearing a Criminal Appeal filed by Motilal @ Motiram.
The Criminal Appeal under Section 14-A (2) SC/ST Act 1989 has been preferred by the appellant with the prayer to set aside the order dated April 07, 2021, passed by Special Judge, S.C./S.T. Act, Saharanpur in Case under Sections – 342, 366, 384, 506 I.P.C. & 3/5 (1) The Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance & 67A I.T. Act, Police Station – Kotwali Dehat, District – Saharanpur.
In this Petition, the Appellant claims to have a distinct case from the other co accused, who had directly involved in the process of conversion of religion. The only role assigned in the statement of the victim recorded under Section – 161 Cr.P.C. is to the extent of the presence of the appellant on the spot, when conversion of the victim was being made. Except that, there is nothing concrete against the appellant.
Counsel for the Appellant said that, he being the neighbour of the victim has been involved in this case, on account of enmity. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Counsel further said that the appellant has no criminal history and is languishing in jail since March 20, 2021.
Counsel for the informant and Additional Government Advocate have vehemently opposed the prayer for bail of the appellant. The Court considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein the appeal.
The Court said that nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of the accused, I am of the view that the appellant has made out a case for bail, the Court observed.
The Court ordered that, accordingly, the appeal is allowed and the impugned order dated April 07, 2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant – Motilal @ Motiram involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
It is made clear that advantage of this bail shall not go to the other co-accused of this case as their cases are distinguishable from the appellant, the order said.