Allahabad High Court
Paul Sigamony Rajmony And Another vs State Of U.P. And Another on 11 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163441
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7913 of 2023
Applicant :- Paul Sigamony Rajmony And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Kalim,Mary Puncha (Sheeb Jose),Patsy David
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Supplementary affidavit/affidavit of compliance has been filed on behalf of the State today in the Court, the same is taken on record.
2. Heard Ms. Mary Punch (Sheeb Jose), learned counsel for the applicants and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Rupak Chaubey, learned counsel for the State as well as perused the material available on record.
3. Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants in Criminal Case No. 55 of 2023, under Sections 420, 467, 468, 506, 120-B IPC and Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, P.S. Kotwali, District Fatehpur.
4. As per prosecution story, the first informant had given an application on 24-01-2023 stating that on 14-04-2022 the informant alongwith 80 to 90 other people were present at church Evegelical Church situated at Hariharganj and further allured the informant that in January, 2022 at Health Centre Bitaura Fatehpur he meet with ANM Lillu and Manager S.D.Rao of world vision of India and told the informant that if he changes his religion and converted to Christian religion he will be provided free education Jobs to family members and other valuable gifts, medical facility of Mission Hospital, higher education facility of Agriculture University (SHUATS) Naini, Prayagraj and will also be provided from time to time and converted the informant to Christian and they are told that the purpose of conversion funding as well as other valuable gift will be provided by Mathew Samual (Trusty Broadwell) Hospital and by Mister Paul Bishap and facilitated by S.D.Rao Manager of World Vision India/. It is further alleged that one person namely, Jose Prakash George was also present on the incident date and introduced himself as head of Mission Hospital of U.P. Fatehpur whose office situated inside the mission Hospital and the informant was told by Pastor Vijay Masih that he had relinquished the Hindu to Christian Religion and had completed 40 days of conversion ceremony and now he has been duly converted to Christianity.
5. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. The applicant no.1 is aged about 64 years old; he is Bishop Commissioner/Dioces in Allahabad Bible Ceremony and applicant no.2 is musician; the applicants have no concerned with the alleged incident. Learned counsel for the applicants submitted that the real fact is that the person of Christian community were celebrating the festival of Ester in the church namely Evegelical Church of India situated that Hariharganj, Fatehpur which last for 40 days but on 14.04.2022 the first informant namely Himanshu Dixit in earlier case as Case Crime No.224 of 2022 along with companions entered into the church and called the police, thereafter, the Aadhar Card of the persons in the church was collected to ensure their identity and after collecting their Adhar Chards, the police lodged the F.I.R. against the persons named in the F.I.R.. He submitted that there is no specific allegation of conversion against the applicant. The applicants are having four criminal history as has been mentioned in paragraph 21 of the affidavit. Learned counsel for the applicants further submits that applicants have apprehension of imminent arrest and in case, applicants are released on anticipatory bail, they will not misuse the liberty and would co-operate with the trial.
6. Sri Manish Goyal, learned Additional Advocate General has raised preliminary objection that the present anticipatory bail application in respect of applicant no.1 has become infructuous and the same may be dismissed as the applicant no.1 has been granted interim bail by the Hon'ble Apex Court passed in SLP (Criminal) No.3210 of 2023 (Vinod Bihari Lal Vs. The State of U.P. & Anr.), vide order dated 24.03.2023.
7. Sri Manish Goyal, learned Additional Advocate General further submitted that applicant no.2 is not cooperating with the trial, therefore, not only non bailable warrant was issued but now proceedings under Section 82 Cr.P.C. have also been initiated against applicant, therefore, no case for anticipatory bail is made out.
8. Having heard learned counsel for the applicants and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in the case of Prem Shankar Prasad vs. State of Bihar, 2021 SCC OnLine SC 955, in which the Hon'ble Apex Court has opined that if coercive action has been initiated against the accused/applicant, then the anticipatory bail is not maintainable.
9. Accordingly, in respect of the applicant no.1, the present anticipatory bail application is dismissed as infructuous and in respect of applicant no.2, the present application is dismissed as not maintainable as coercive action has been taken and process under Section 82 Cr.P.C. is issued against the applicant no.2.
Order Date :- 11.8.2023
Krishna*
