3 April 2024 2:41 PM GMT
The Supreme Court on Monday (April 1) dismissed an application filed by the State of Uttar Pradesh to recall the interim bail granted to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS), Dr Rajendra Bihari Lal, a case over alleged forceful religious conversion.
The Court also confirmed the interim bail granted to the SHUATS VC on March 4, 2024, subject to the condition that he will cooperate with the investigation. The bail order related to FIR No 693 of 2023 registered at Police Station Naini, Prayagraj on December 31, 2023.
In December 2023, two separate FIRs were registered: FIR No 538 of 2023 and FIR No 693 of 2023 dated 11.12.23 and 31.12.23 respectively. The FIR No 538 pertained to offences under sections 307(attempt to murder), 504(intentional insult to breach peace) and 386 (extortion) of the Indian Penal Code and under Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 (conversion through unlawful means).
The petitioner was arrested in connection with FIR No 693 of 2023 and was taken on remand in FIR No 538 of 2023.
On March 4 the Court directed the release of the petitioner on bail concerning FIRs No 538 and 693. However, the bail conditions were to be determined by the Sessions Court, with a bail bond not exceeding Rs 25,000.
Following the bail order, the State of Uttar Pradesh filed an application for recall, arguing against the grant of relief. Additional Advocate General, Ms Garima Prasad, contended that the Supreme Court should not intervene as the petitioner's bail application was still pending before the High Court.
The Supreme Court noted the petitioner's prolonged custody since December 31, 2023, and the delay in the High Court's consideration of the bail application. Considering these factors, the Court confirmed its earlier bail order on March 4, 2024, with the condition that the petitioner cooperates with the Investigating Officer regarding FIR No 693 of 2023.
The bench led by CJI Chandrachud comprising Justice JB Pardiwala and Manoj Misra in its order observed :
"...Though, the application for bail was filed before the High Court on 5 February 2024, it remained to be considered on merits and the next date of listing by the High Court was 6 March 2024. It was in these circumstances, that this Court by its order dated 4 March 2024, was constrained to exercise its jurisdiction so as to protect the liberty of the petitioner.
We have borne in mind the nature of the accusation against the petitioner. Admittedly, the charge-sheet has been filed in FIR No 538 of 2023. We are of the view that it would be appropriate to confirm the order passed by this Court on 4 March 2024 subject to the condition that the petitioner shall cooperate with the Investigating Officer in connection with the investigation in FIR No 693 of 2023. He shall attend the office of the IO when called upon to do so.
Subject to the aforesaid conditions, we confirm the ad interim order of this Court dated 4 March 2024 enlarging the petitioner on bail."
There are certain other FIRs also against the SHUATS VC and other University officials over allegations of mass religious conversion. The Supreme Court has granted them relief in certain cases.
Case Details : RAJENDRA BIHARI LAL vs. THE STATE OF UTTAR PRADESH SLP(Crl) No. 002944 - / 2024