Allahabad High Court
Prem Nath And Another vs State Of U.P. on 11 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163318
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7877 of 2023
Applicant :- Prem Nath And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Patsy David,Sagar Mehrotra
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 FIR, it is alleged that informant received information from people from the locality that about 90 people were being forcefully converted at Evangelical Church of India by coercion and fraud/allurement. It is further alleged that attempts were made to forcibly convert the patients who visit the Mission Hospital and all the employees of the hospital play an informant role in such conversion.
5. Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case. In fact no such incident took place as alleged in the FIR. The allegations made in the impugned FIR are false and frivolous and concocted. He submitted that there is no specific allegation of conversion against the applicants. The applicants are having four criminal history as has been mentioned in paragraph 38 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 applicants are not cooperating with the trial, therefore, not only non bailable warrant were issued but now proceedings under Section 82 Cr.P.C. have also been initiated against applicants, therefore, no case for anticipatory bail is made out.
7. 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.
8. Accordingly, this 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.
Order Date :- 11.8.2023
Krishna*
