The Gujarat High Court has granted regular bail to a Muslim cleric accused of allegedly converting a minor girl and solemnising her marriage without verifying her age or identity documents.
Justice Hasmukh D. Suthar granted relief to the accused, who had been in custody since June. The case involves charges under the Bharatiya Nyaya Sanhita (BNS), the Protection of Children from Sexual Offences (POCSO) Act, the Prohibition of Child Marriage Act and the Gujarat Freedom of Religion Act.
In its order, reported as 2026 LiveLaw (Guj) 281, the court noted that the allegation against the Maulana was that he had changed the victim’s name and solemnised the marriage without verifying her identity or age. He was also accused of converting her religion.
The allegations are part of the prosecution’s case and have not been established as proven facts.
Court Notes Investigation Completed, Chargesheet Filed
While considering the bail application, the High Court noted that the investigation had been completed and the chargesheet filed. It also observed that the accused had no previous criminal antecedents.
The court recorded that the victim was 17 years and three months old at the relevant time. It further noted that the case did not involve an allegation of aggravated sexual assault.
The prosecution, the court observed, had failed to point out circumstances that justified continuing or prolonging the accused’s detention.
The judge also considered that the trial would take time to conclude and that keeping the accused in custody throughout the proceedings could effectively amount to pre-trial punishment.
High Court Cites Personal Liberty, Bail Principles
The court referred to the established principle that “bail is a rule and jail is an exception”, along with the right to personal liberty guaranteed under Article 21 of the Constitution.
Granting regular bail, Justice Suthar said: “In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.”
The order does not amount to an acquittal or a finding that the allegations are false. The accused will face the trial in accordance with the law.
Charges Under Multiple Laws
The cleric was booked under several provisions of the BNS, including Sections 64(2)(i), 64(2)(m), 137(2), 87, 115(2) and 351(3).
The charges also include Sections 4, 6, 17 and 18 of the POCSO Act, Sections 9 and 10 of the Prohibition of Child Marriage Act, and Section 4A of the Gujarat Freedom of Religion Act.
The High Court granted bail after considering the nature of the allegations, the completion of the investigation, the accused’s period in custody and the time likely to be required for the trial.
