Allahabad HC Grants Anticipatory Bail To Schoolgirl Accused Of Forcing Minor Student To Wear Burka, Convert Religion
The Allahabad High Court on Monday granted anticipatory bail to a School Student accused of brainwashing a minor student, forcing her to wear a 'Burka' and compelling her to convert to Islam.
A bench of Justice Avnish Saxena granted relief to the accused, a major, observing that apart from the victim's statement, there was nothing on record to establish her involvement in the alleged crime.
Accused Malishka alias Malishka Fatma was booked under Sections 3, 5(1) of the UP Prohibition of Unlawful Conversion of Religion Act.
The FIR was lodged by the victim's brother, alleging that the minor victim was 'brainwashed' by the accused for the conversion of her religion. It was further alleged that she was forcefully provided a Burka on December 20, 2025, and was continuously being pressurised to change her religion.
The AGA, for the state, opposed the prayer for anticipatory bail by submitting that a specific statement of the victim was recorded under Sections 180 and 183 BNSS, which showed that she was being brainwashed and pressurised to change her religion.
On the point of delay in the FIR, it was submitted that the victim was under the influence of the accused/applicant. It is after much effort that the informant came to know about the sinister design of the accused/applicant and the FIR was lodged.
On the other hand, the counsel for the accused submitted that the applicant was studying in the school prior to the victim's admission. It was contended that there is no other report of the applicant pressuring any other girl to change her religion.
The bench was also apprised that the main allegations were directed at a co-accused, Aleena, who had already been granted anticipatory bail by a coordinate Bench of the High Court.
The counsel for the informant referred to a recent order of the division bench wherein the HC refused to quash the FIR in question while hearing the plea filed by a co-accused.
Before granting relief, the bench noted that while dealing with an anticipatory bail plea, the Court should evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedents of the accused, false or exaggerated implication, need of custodial interrogation, willingness of the accused to cooperate in investigation and trial and the conduct of the accused and flight risk.
The bench observed that the accused/applicant has no criminal history and there is nothing on record other than the statement of victim to show the involvement of accused/applicant.
Furthermore, the Court also took into account the gravity of the accusation, explained the criminal history and apprehension of arrest in the case vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial.
Thus, the bench granted her anticipatory bail.
Case title - Malishka @ Malishka Fatma vs. State of U.P. and Another 2026 LiveLaw (AB) 262
Case Citation: 2026 LiveLaw (AB) 262