The Court ruled that since both families approved of the interfaith couple's marriage, the State could not protest their cohabitation.
A Muslim guy who was detained by the Uttarakhand police under the state's anti-conversion statute after marrying a Hindu woman was recently granted bail by the Supreme Court.
Since both families approved of the interfaith couple's marriage, the State cannot protest their cohabitation, according to a bench of Justices BV Nagarathna and Satish Chandra Sharma.
We note that as the appellant and his wife were married in accordance with the views of their respective parents and families, the respondent, the State, cannot object to them living together. Under the circumstances, we believe that this is a suitable instance in which the appellant should be granted bail," the Court ruled.
Aman Siddiqui, who was accused under the Uttarakhand Freedom of Religion Act, 2018, soon after his interfaith marriage, was pleading with the top court. He was accused of illegally converting to another religion by some people and organizations.
Siddiqui was arrested and held for six months after a first information report (FIR) was filed against him under Sections 318(4) (cheating) and 319 (cheating by personation) of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 3 (prohibition of conversion from one religion to another) and 5 (punishment) of the Act.
The Uttarakhand High Court rejected Siddiqui's original bail request. After that, he went to the Supreme Court.
His attorney contended before the highest court that, despite the marriage being arranged, a baseless case was brought against him only because he wed a woman of a different faith. Even though the chargesheet had been filed, it was argued that Siddiqui was entitled to bail because he had been detained for almost six months.
In support of Siddiqui, Senior Advocate Sanjeev Kumar was joined by Advocates Manjula Gupta, Sudhir Kumar Santoshi, and Sudhanshu Kumar.
The State's representatives were Siddharth Sangal, Richa Mishra, and Mushkan Mangla.
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