Allahabad High Court: In a bail application plea filed by a Maulvi accused of offences under Sections 504 and 506 of the Penal Code, 1860 (‘IPC’) and Section 3 read with 5(1) Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, during pendency of the trial, Sameer Jain, J. has refused to grant him bail.
Maulvi contended that the son of the informant was mentally unsound, and he used to wander here and there and very often he visited the ‘Madarsa’ and stayed there. The Maulvi neither changed his religion nor compelled him to change his religion. It was also contended that Maulvi did not have any previous criminal history and he has been in jail since 18-2-2024.
The State contended that the Maulvi not only allured the mentally unsound son of the informant, who was minor to change his religion but he after enticing him kept him in a ‘Madarsa’ and thereafter forcibly changed his religion. This fact is evident from the statement of the victim recorded under Section 161 of Code of Criminal Procedure, 1973 (CrPC).
The Court refused to grant bail to the Maulvi, after considering the fact that there is specific allegation that he forcibly changed the religion of the mentally unsound minor son of the informant. Further, the minor son also stated against him in his statement recorded under Section 161 CrPC and he is in jail only since February 2024.
[Maulvi Syed Shad Kazmi v. State of U.P, 2024 SCC OnLine All 1974, Order dated 15-05-2024]
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