Court emphasizes prosecution initiation must align with individual rights, granting bail under Bharatiya Nagarik Suraksha Sanhita, 2023.
In a significant ruling, the Allahabad High Court has granted bail to Dev Sahayam Deniyal Raj and another individual involved in a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The court, presided over by Justice Ashutosh Srivastava, highlighted the necessity for legal proceedings to be initiated by the aggrieved individual or their immediate family members, aligning with the fundamental rights outlined in Articles 21 and 25 of the Indian Constitution.
The bail was granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a newly enacted provision, underscoring the court's commitment to protecting individual freedom and autonomy. The court observed that the FIR in this case was lodged by a complainant not directly related to the aggrieved party, rendering the prosecution's initiation unsustainable under the statutory framework and recent Supreme Court guidelines.
The court relied on the precedent set by the Supreme Court in the case of Rajendra Bihari Lal v. State of Uttar Pradesh, which emphasized that only aggrieved individuals or their close relatives are entitled to initiate prosecution for unlawful religious conversion. This decision was rooted in protecting the rights to personal liberty and freedom of religion.
Despite opposition from the Additional Government Advocate, the court found no incriminating evidence against the accused and acknowledged the absence of criminal antecedents, leading to their release on bail. The bail is contingent on several conditions, including non-tampering with evidence, refraining from criminal activities, and ensuring regular court appearances.
This judgment reinforces the constitutional guarantees of individual rights, emphasizing that criminal proceedings cannot be initiated by unrelated third parties, thereby preventing frivolous litigation and safeguarding personal liberties.
Bottom Line:
Bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for alleged offences under Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Court observed that initiation of prosecution must be at the behest of the aggrieved individual or their immediate family members or blood relatives, as per the statutory scheme and recent Supreme Court judgment.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 Sections 3/5(1), Articles 21 and 25 of the Constitution
Dev Sahayam Deniyal Raj v. State of U.P., (Allahabad) : Law Finder Doc id # 2849456
