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SC bail to man booked for inter-faith marriage
SC bail to man booked for inter-faith marriage

Hans India

timea day ago

  • Politics
  • Hans India

SC bail to man booked for inter-faith marriage

New Delhi: The Supreme Court has granted bail to a man who was booked by the Uttarakhand Police under the anti-conversion law for marrying a woman of another faith. In February this year, the Uttarakhand High Court had refused to enlarge the accused Aman Siddiqui alias Aman Chaudhary on bail, prompting him to file an appeal before the top court. An FIR was lodged with Rudrapur Police Station of Udham Singh Nagar district against the appellant under the Uttarakhand Freedom of Religion Act, 2018 and Sections 318(4) and 319 of Bharatiya Nyaya Sahita, 2023. The appellant's counsel contended that a frivolous complaint was lodged since the accused married a woman who follows a different faith. Further, it was submitted that the marriage between the parties was an arranged marriage, and the families of both sides voluntarily decided to arrange the marriage of the appellant with the woman. The FIR was registered soon after certain persons and organisations objected to the inter-faith marriage. Although the police filed a charge sheet against the appellant, he remained in jail for nearly six months. In its judgement, the apex court observed that the respondent state government 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. It clarified that the pendency of the criminal proceeding against the appellant would not come in the way of him and his wife residing together on their own volition. 'In the circumstances, we find that this is an appropriate case where the relief of bail ought to be granted to the appellant herein,' a bench of Justices B.V. Nagarathna and Satish Chand Sharma ordered. Allowing the appeal, the Justice Nagarathna-led Bench ordered the appellant to be produced before the trial court concerned as early as possible, which will release him on bail, subject to such conditions as the trial court may deem appropriate to impose to ensure his presence in the criminal case. It also directed the appellant to extend 'complete cooperation' in the ensuing trial and not to misuse his liberty. 'Any infraction of the conditions shall entail cancellation of bail granted to the appellant,' the top court cautioned.

‘State can't object if families agree': SC grants bail to man arrested after inter-faith marriage
‘State can't object if families agree': SC grants bail to man arrested after inter-faith marriage

Scroll.in

time2 days ago

  • Politics
  • Scroll.in

‘State can't object if families agree': SC grants bail to man arrested after inter-faith marriage

The Supreme Court has granted bail to a Muslim man who was arrested by the Uttarakhand Police in December under the state's anti-conversion law after he married a Hindu woman. '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,' said a bench of Justices BV Nagarathna and SC Sharma in a judgement delivered on May 19. The bench was hearing a petition by a man named Aman Siddiqui, who was arrested under the 2018 Uttarakhand Freedom of Religion Act and sections of the Bharatiya Nyaya Sanhita for allegedly concealing his religious identity and marrying a Hindu woman under Hindu religious customs, the Hindustan Times reported. Siddiqui was in jail for nearly six months. Siddiqui was booked on December 12, two days after his wedding, on a complaint filed by his wife's cousin, who claimed the family discovered the groom's religious identity only after visiting his home in Delhi. In February, Siddiqui's bail application was rejected by the Uttarakhand High Court, which accepted the prosecution's claim that the man and his family had intentionally concealed their religious identity. It took note as evidence an affidavit submitted by Siddiqui the day after the marriage, wherein he pledged not to force his wife to convert and to respect her religious freedom. The High Court had also stated that the marriage was not conducted under the Special Marriage Act, which is typically followed in interfaith unions. Siddiqui then approached the Supreme Court.

'State Can't Object When Families Agree': SC Grants Bail To Man Jailed For Interfaith Marriage
'State Can't Object When Families Agree': SC Grants Bail To Man Jailed For Interfaith Marriage

News18

time2 days ago

  • Politics
  • News18

'State Can't Object When Families Agree': SC Grants Bail To Man Jailed For Interfaith Marriage

Last Updated: Aman Siddiqui had been in jail for nearly six months after being booked under the Uttarakhand Freedom of Religion Act The Supreme Court of India has granted bail to a man who was arrested under Uttarakhand's anti-conversion law after he married a woman of a different faith with the full consent of both families. Aman Siddiqui had been in jail for nearly six months after being booked under the Uttarakhand Freedom of Religion Act. He was accused of religious conversion through marriage, even though the marriage was consensual and supported by both families. In a ruling delivered on 19 May, a Supreme Court bench of Justices BV Nagarathna and Satish Chandra Sharma observed that the state cannot object to the couple's decision to live together as their marriage was voluntary and had the approval of their respective parents, Bar and Bench reported. '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 said. Siddiqui was charged under Sections 3 and 5 of the Uttarakhand Freedom of Religion Act, which prohibit and penalise religious conversion through force, fraud, or inducement. He was also booked under Sections 318(4) and 319 of the Bharatiya Nyaya Sanhita, 2023, which relate to cheating and impersonation. He had initially sought bail from the Uttarakhand High Court, but it was denied. He then approached the Supreme Court, where his lawyer argued that the case was baseless and filed solely due to the interfaith nature of the marriage, which in fact had the consent of both families. The counsel also pointed out that the chargesheet had already been filed and that Siddiqui had spent almost half a year in custody.

SC grants bail to Uttarakhand man jailed for interfaith marriage, says ‘state can't object…they married as per wishes of parents'
SC grants bail to Uttarakhand man jailed for interfaith marriage, says ‘state can't object…they married as per wishes of parents'

Indian Express

time2 days ago

  • Politics
  • Indian Express

SC grants bail to Uttarakhand man jailed for interfaith marriage, says ‘state can't object…they married as per wishes of parents'

Granting bail to a man booked under the Uttarakhand Freedom of Religion Act, the Supreme Court last month held that the state cannot have any objection to the man's interfaith marriage as the couple married 'as per the wishes to their respective parents'. The Supreme Court relief by a bench of Justices B V Nagarathna and Satish Chandra Sharma, in an order on May 19, comes after the man, Aman Siddiqui, spent nearly six months in jail, for consensually marrying a Hindu woman in a wedding voluntarily arranged by the families and consented to by the parties involved. Siddiqui's counsel had told the apex court that 'the families voluntarily decided to arrange the marriage of the appellant with the lady. However, soon after the marriage certain persons and certain organizations seemed to have objected to the marriage'. This led to an FIR being lodged at Rudrapur police station in Uttarakhand on December 12, 2024, against Siddiqui, two days after his wedding on December 10. Siddiqui's parents were also booked, but they were later granted anticipatory bail. Siddiqui's counsel also told the Supreme Court bench that if granted bail, Siddiqui and his wife would reside separately from their families and 'continue to live peacefully without any hindrance'. Even as the state opposed the bail plea, the bench recorded in its order, '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…'. A day after his wedding was conducted in accordance with Hindu rituals, Siddiqui was made to sign an undertaking by his wife's cousin brothers, assuring that he would not cause 'any kind of physical and mental harm' to her and that he would not force 'in any manner either physically and mentally to convert her to other religion'. The undertaking further stated that his wife would be 'independent to practice Hindu Religion' and 'free to follow all the Hindu Tradition with full freedom' and that Siddiqui would not interfere in her religious faith. The Uttarakhand High Court had rejected Siddiqui's bail plea on February 28. Before the high court, Siddiqui had submitted that his mother was a practising Hindu married to a Muslim man and had not converted. He further said that he too followed his mother's religion, including his parents performing a thread ceremony for him. The high court was also told that Siddiqui's father had separated from his joint family 'so that the applicant's (Siddiqui's) mother could comfortably follow her customs and rituals of Kumaoni Hindu family'. Meanwhile, the state had alleged that Siddiqui had suppressed the religion of his father. The high court had ultimately refused to grant bail.

Both are adults: Top court grants bail to Muslim man jailed for interfaith marriage
Both are adults: Top court grants bail to Muslim man jailed for interfaith marriage

India Today

time2 days ago

  • Politics
  • India Today

Both are adults: Top court grants bail to Muslim man jailed for interfaith marriage

The Supreme Court has granted bail to a man arrested under the Uttarkhand Freedom of Religion Act for getting married to a woman of different faith. The court, while granting bail to the accused, said that both the man and the woman were adults and got married in the presence of both families and had full knowledge of each other's religion. advertisementThe court also stated the state cannot have any objection to the couple residing together as they have been married as per the wishes of their respective parents and families. The accused, Aman Siddiqui alias Aman Chaudhary, was arrested on the basis of an FIR filed by a few extended members of the woman's family and 'certain organisations' at Rudrapur police station of Udham Singh Nagar district under Section 3/5 of Uttarakhand Freedom of Religion Act and Sections 318(4) and 319 of the Bharatiya Nyaya Sanhita. The Uttarakhand High Court had rejected the bail application of Siddiqui and he has been in jail for nearly six lawyer argued before the court that the marriage between the couple was an arranged one. However, soon after the marriage, certain people and certain organisations seemed to have objected to the marriage. advertisementHis lawyer also said that if granted bail, the couple would reside separately from the families and continue to live peacefully without any hindrance. The top court has instructed the trial court to release him immediately. Must Watch

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