Allahabad High Court denies anticipatory bail to man accused of luring 90 people to convert to Christianity

The Allahabad High Court recently denied anticipatory bail to a man accused of fraudulently luring 90 people to convert to Christianity through coercion and undue influence [Bhanu Pratap Singh vs State of UP and Ors.]..Justice Jyotsna Sharma said that the power to grant anticipatory bail calls for the Court's satisfaction that its interference is necessary in the interest of justice and to prevent misuse of the legal process."The power under Section 438 of Code of Criminal Procedure (CrPC) cannot be utilized in a routine manner as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law," the Court said..The plea was filed by one Bhanu Pratap Singh, against whom a first information report (FIR) was lodged by one Himanshu Dixit..As per the FIR, around 90 people had gathered outside Evangelical Church of India, Hariharganj in Fatehpur District to convert to Christianity through coercion and undue influence. .Upon interrogation, it was allegedly revealed by the pastor that the process of conversion had continued for 34 days and was to complete in 40 days and that they were also converting patients from the Mission Hospital in collusion with the employees..The investigating officers found 55 people involved in the conversion. 35 were named and 20 were unknown..An FIR was registered under Sections 153A, 506, 420, 467, 468 of the Indian Penal Code (IPC) and Sections 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020..Advocate Rajkumar Verma appearing for the accused contended that he was not involved in the act and was not even present at the spot. .He alleged that the informant is an activist of a political organization connected to the ruling party and was falsely implicated for ulterior motives. .Stating that he had no criminal history and that no evidence showing his involvement has been collected, he undertook to co-operate in the investigation and to abide by any conditions imposed by the Court..Further, he contended that since two of his co-accused were granted anticipatory bail, his application also deserved to be allowed..The State opposed the application arguing that the accused was involved in mass conversion of people by offering monetary benefits and that six witnesses had confirmed the pastor's statement made to the investigating officers. It was also contended that the applicant was arrested from the spot..One of the six witnesses, Pramod Kumar Dixit, in his statement said that he met a woman during a relative's treatment in the hospital who urged him to convert to Christianity to avail free lifetime medical assistance and jobs as well as financial assistance for his children..He further stated that the woman introduced him to the some of the accused persons, including the applicant's wife, who took his Aadhar card and assured him that a new Aadhar card with his new name, after conversion, shall be issued to him..According to Dixit, 60-70 people of one community were present at the spot on the same day..The State further argued that the applicant and his associates hatched a bigger conspiracy with wider ramifications because they were acting in an organized manner for mass conversion.As per the State, the individuals were not driven by their conscience but by systematic influence by coming in contact with the accused for medical treatment or otherwise, who offered them easy money, jobs and free healthcare..Lastly, it was argued that the allegations of false implication and of the FIR being motivated were without substance and that bail at this stage would hinder the investigation. .The Court after taking into account the arguments, found no good ground to grant anticipatory bail and, therefore, rejected the plea..[Read Order]