The Allahabad High Court has rejected the bail application of a Maulana, who has been accused of forcibly converting a victim to Islam and performing her Nikaah with a Muslim man.
A single-judge bench of Justice Rohit Ranjan Agarwal passed this order while hearing a Criminal Misc Bail Application filed by Mohd Shane Alam.
By means of the bail application, the applicant seeks bail in Case under Section 3/5(1) of U.P Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station- Ankur Vihar, District- Ghaziabad, during the pendency of trial.
It is contended by counsel for the applicant that the applicant is Maulana/Religious Priest and he had only performed Nikah of the Informant with the accused Amaan and had not forcibly converted the Informant to “Islam”. He does not have any criminal history and has been languishing in jail since 02.06.2024.
He has further relied upon Nikaahnama dated 11.03.2023 which bears the stamp and his signature and beyond that, he has no role to play.
Sunil Kumar, A.G.A while opposing the bail application submits that the victim, who is the First Informant, had deposed under Section 164 Cr.P.C that she was working in a Company. The accused Amaan had physically exploited her and forced her to accept “Islam” and Nikah was performed on 11.03.2024 which was done by the ‘Religion Converter’, the applicant.
The Court observed that,
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 202 received the assent of the Governor on 4th March, 2021 and was published in Gazette on 05.03.2021. The statement of objects and reasons for enacting this Act was to sustain the spirit of secularism in India. The Constitution of India guarantees religious freedom to all persons which reflects the social harmony and spirit of India. According to the Constitution, the State has no religion and all religions are equal before the State and no religion shall be given preference over the other. All persons are free to preach, practice and propagate any religion of their choice. The Constitution confers on each individual the fundamental right to profess, practice and propagate his religion.
However, in the recent past many such examples came to light where gullible persons have been converted from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by fraudulent means.
Section 8 of the Act, 2021 provides that any person who desires to convert his/her religion, shall give a declaration in the form prescribed in Schedule -I at least sixty days in advance, to the District Magistrate or the Additional District Magistrate specially authorized by the District Magistrate, that he wishes to convert his/her religion on his/her own and with his/her free consent and without any force, coercion, undue influence or allurement.
“In the case, the applicant, who comes under the definition of “Religion Convertor”, as defined in Section 2(i) of Act, 2021, had got the Nikah ceremony of the Informant performed with accused Amaan. The necessary declaration has to be obtained before conversion, given in Section 8 of Act, 2021 was not obtained from the District Magistrate, as mandated under the Act, 2021. Defiance of the provision of the Act, 2021 is punishable under Section 5 of Act, 2021.
The victim/Informant in her statement recorded under Section 164 Cr.P.C had categorically submitted that she was forced to accept ‘Islam’ and Nikah was performed. The applicant being “Religion Convertor” is equally liable under the Act, 2021.
I find that prima facie an offence under Act, 2021 is made out. No case for bail is made out,” the Court further observed while rejecting the bail application.