The Gujarat High Court granted bail to a Muslim cleric who was accused of religious conversion and solemnizing a minor's marriage without verifying proof of age. [2026 LiveLaw (Guj) 281]

The accused was booked under Sections 64(2)(i), 64(2)(m), 137(2), 87, 115(2), 351(3) of BNS; Sections 4, 6, 17, 18 of the POCSO Act, Sections 9 & 10 of the Prohibition of Child Marriage Act and Section 4A of the Gujarat Freedom of Religion Act. 

Justice Hasmukh D Suthar in his order observed that the allegation against the applicant, a Maulana (Muslim Cleric) was that he had, without verifying the ID proof and age or any other material, changed name of the victim and solemnized marriage. It was further alleged that he had converted faith of the victim.

The court however found that there was no allegation of aggravated form of sexual assault.

The court further noted that the investigation was over and charge-sheet had been filed. The applicant had no past antecedents and had been behind bars since June. The victim is 17 years and 3 months old at the relevant point of time. It said that prosecution had "failed to point out the circumstances to continue or prolong his detention". 

The court also considered that the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction. Considering the celebrated principle of bail jurisprudence that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, the Court granted bail.

"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 court said.