The Supreme Court of India has granted bail to a Muslim man, Aman Siddiqui, who was arrested under the Uttarakhand Freedom of Religion Act, 2018, after marrying a Hindu woman with the consent of both families.
A Bench comprising Justices BV Nagarathna and Satish Chandra Sharma observed that the State cannot object to the couple living together, especially since their marriage had the approval of their respective families.
“We observe that the respondent–State cannot have any objection to the appellant and his wife residing together inasmuch as they have been married as per the wishes of their respective parents and families,” the Court remarked, granting relief to Siddiqui.
Siddiqui was booked under Sections 3 and 5 of the anti-conversion law, which prohibit and penalize religious conversion through alleged misrepresentation or coercion. He was also charged under Sections 318(4) (cheating) and 319 (cheating by personation) of the Bharatiya Nyaya Sanhita, 2023. He had remained in custody for nearly six months.
The complaint against Siddiqui was reportedly filed by certain individuals and organisations after his inter-faith marriage, despite there being no objection from the families. His counsel argued before the apex court that the FIR was frivolous and driven by religious bias, as the marriage was not only consensual but also arranged by the families.
The Uttarakhand High Court had earlier denied him bail, prompting Siddiqui to approach the Supreme Court.
Highlighting the absence of coercion or fraud in the marriage, and noting the completion of the chargesheet, the top court found it fit to grant bail.
Case: Aman Siddiqui vs State – Available on LAWFYI.IO
