The Supreme Court recently granted bail to a Muslim man arrested by the Uttarakhand police under the State's anti-conversion law after he married a Hindu woman.

A Bench of Justices BV Nagarathna and Satish Chandra Sharma noted that the State cannot object to the inter-faith couple living together since their marriage had the consent of both 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 to their respective parents and families. In the circumstances, we find that this is an appropriate case where the relief of bail ought to be granted to the appellant herein," the Court held.

The top court was hearing a plea by Aman Siddiqui, who faced allegations under the Uttarakhand Freedom of Religion Act, 2018, shortly after his inter-faith marriage. Certain individuals and organisations accused him of unlawful religious conversion.

A first information report (FIR) was registered against Siddiqui under Sections 3 (prohibition of conversion from one religion to another) and 5 (punishment) of the Act and Sections 318(4) (cheating) and 319 (cheating by personation) of the Bharatiya Nyaya Sanhita, 2023, following which he was arrested and remained in custody for six months.

Siddiqui initially sought bail from the Uttarakhand High Court, which was denied. He subsequently approached the Supreme Court.

Before the apex court, his counsel argued that a frivolous complaint was filed solely because he married a woman of a different faith, despite the marriage being arranged. It was argued that Siddiqui has been in jail for nearly six months and although the chargesheet has been filed, he was entitled to bail.

Senior Advocate Sanjeev Kumar along with Advocates Manjula Gupta, Sudhir Kumar Santoshi and Sudhanshu Kumar appeared for Siddiqui.

Advocates Siddharth Sangal, Richa Mishra and Mushkan Mangla appeared for the State.

[Read Order]