NEW DELHI — The Supreme Court has granted bail to an accused booked under provisions of the IPC and the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021, observing that the Allahabad High Court had overlooked crucial aspects while rejecting his plea.
A Bench of Justices J.B. Pardiwala and K.V. Viswanathan directed that the petitioner, Vishal Rana alias Tabish Asghar, be released on bail forthwith, subject to terms and conditions to be imposed by the trial court.
The apex court was hearing a special leave petition (SLP) challenging a November 14, 2025, order of the Allahabad High Court, which had denied bail to the accused in a case registered at Sector 113 police station in Gautam Buddha Nagar, Noida.
The FIR was registered under Sections 323, 506, and 313 of the IPC, as well as Sections 3 and 5(1) of the UP Prohibition of Unlawful Religious Conversion Act, 2021.
Taking note of the stage of the trial, the Justice Pardiwala-led Bench observed that the charge sheet had already been filed and the case was pending before a sessions court in Noida, with only one witness examined so far.
It further noted that the petitioner had been in custody since December 3, 2024. “It is unfortunate that the petitioner is in judicial custody as an under-trial prisoner for more than one and a half years in this type of matter,” the top court remarked.
The Justice Pardiwala-led Bench found that certain material aspects had not been considered by the Allahabad High Court while rejecting bail. It highlighted that the complainant had visited the accused in jail on three occasions during the period of incarceration. “This speaks for itself,” the apex court observed, adding that the parties had also filed a joint petition before the Allahabad High Court seeking protection due to apprehension for their lives and liberty, which had been granted.
The order further took note of a Facebook conversation placed on record, suggesting that the complainant was aware of the accused’s religious identity. “The aforesaid was also not looked into by the High Court while considering the overall matter,” the Justice Pardiwala-led Bench said.
In its impugned decision, the Allahabad High Court had refused bail, observing that “prima facie, the involvement of the accused in the present case cannot be ruled out” and that “no case for bail is made out”, considering the gravity of the allegations.
The Allahabad High Court had also recorded the prosecution’s case that the accused allegedly concealed his religious identity, entered into a relationship and marriage with the complainant, and later pressured her to convert to Islam, along with allegations of forced abortion and threats to her life.
On the other hand, the defence argued that the relationship was consensual and that the allegations were motivated by personal disputes after differences arose between the parties.
Allowing the appeal, the Supreme Court clarified that the petitioner be released on bail “forthwith, if not required in any other case”, leaving it to the trial court to impose appropriate terms and conditions.
The top court disposed of the petition, while making it clear that it was not expressing any opinion on the merits of the case, which would be decided during trial. – IANS
