Procedural Lapses and Absence of Actual Conversion Key Factors in Bail Decision
In a recent judgment, the Gujarat High Court has granted bail to Stevan Bhanubhai Macwan and another applicant in a case involving allegations of inducement for religious conversion. The case, which has been a subject of intense scrutiny, saw the applicants accused under Sections 4(1), 4(2) of the Gujarat Freedom of Religion Act, 2003. The court's decision came after careful consideration of various factors, including procedural lapses and the lack of actual conversion.
The judgment was delivered by Mr. Nikhil S. Kariel, J., in the Gujarat High Court. The applicants, represented by senior advocate N.D. Nanavaty and Mr. Aditya Asthavadi, argued that given the role attributed to them and the nature of the allegations, they should be granted bail. They highlighted that the applicants had been in custody since October 2025 and that the charge-sheet had already been filed, suggesting that further incarceration would serve no useful purpose.
The prosecution, represented by Public Prosecutor Hardik Dave and Additional Public Prosecutor Hardik Mehta, opposed the bail application, citing the seriousness of the allegations. However, the court noted several critical points in its decision. It observed that there was no evidence of actual conversion and that the allegations were limited to inducement. Moreover, the court found procedural lapses in obtaining the necessary sanction from the District Magistrate under Section 6 of the Gujarat Freedom of Religion Act, 2003, before filing the charge-sheet.
The court also referenced the Supreme Court's decision in Sanjay Chandra v. Central Bureau of Investigation, which emphasizes the principle of granting bail unless there is a significant risk of the accused tampering with evidence or influencing witnesses.
The bail was granted with several conditions, including a bond of Rs. 25,000, surrendering of passports, restrictions on leaving Gujarat without prior permission, and monthly appearances at the police station for six months. The court stressed that these observations were prima facie and should not influence the trial proceedings.
This decision highlights the judiciary's role in ensuring procedural compliance while balancing the rights of the accused with the need for justice. The case continues to be monitored closely, with the Supreme Court also set to examine the vires of the Gujarat Freedom of Religion Act, 2003.
Bottom Line:
Application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed. The Court considered the role attributed to the applicant, the absence of actual conversion, custody duration, and procedural lapses in obtaining District Magistrate's sanction under Section 6 of Gujarat Freedom of Religion Act, 2003.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483; Gujarat Freedom of Religion Act, 2003, Sections 4(1), 4(2), and 6
Stevan Bhanubhai Macwan v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2884172
