Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes

The Allahabad High Court on Thursday granted anticipatory bail to one Julfikar who has been accused of subjecting a 9-year-old boy to forced circumcision for religious conversion purposes.

The bench of Justice Suresh Kumar Gupta ordered that in the event of arrest of the applicant (Julfikar), he shall be released on anticipatory bail till the submission of the police report, if any, under section 173 (2) Cr.P.C. before the competent Court.

As per the FIR, accessed by Live Law, Ghaziabad police received a piece of information through social media against the applicant with the allegation that he had converted the religion of the 9-Year-Old boy by adopting the correct procedure i.e. writing 'godnama' on a stamp of Rs. 50/- and by cutting the exterior part of the penis by a sharp-edged weapon.

The accused was booked under Section 323, 326, 120-B IPC, Section 75/80 of the Juvenile Justice Act, and Section 3/5 of U.P. Law Against Religion Prohibition of Conversion Act.

Now, he moved the High Court arguing that he is innocent and has been falsely implicated in the present case and that he has no concern with the conversion of the religion of the child. He also submitted that child's foster parents Soni @ Kunni Devi and Mithlesh Yadav had given the child to him and he had given the child to one Babli and Umar Mohammad.

It was further informed to the Court that Babli has been granted anticipatory bail by the court below and co-accused Umar Mohammad has also been granted regular bail, therefore, he may also be enlarged on anticipatory bail as he is ready to cooperate with the trial. 

Against this backdrop, without expressing any opinion on the merits of the case, considering the nature of the accusation and the fact that the applicant is entitled to be released on anticipatory bail in the case, the Court allowed his plea.

However, the Investigating Officer was directed to conclude the investigation of the case in accordance with law expeditiously preferably within a period of three months independently without being prejudiced by any observation made by the Court while considering and deciding the present anticipatory bail application of the applicant.

Case title - Julfikar v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7968 of 2022]

Case Citation: 2022 LiveLaw (AB) 424

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