Mon Jan 27 22:25:00 IST 2025: **Supreme Court Criticizes Allahabad High Court for Denying Bail in Conversion Case**
NEW DELHI – The Supreme Court of India has rebuked the Allahabad High Court for its refusal to grant bail to a cleric arrested under Uttar Pradesh’s anti-conversion law. The Supreme Court, granting the cleric bail, stated that the High Court failed to exercise its discretion judiciously and lacked the courage to release the accused, despite the absence of compelling reasons for denial.
The apex court noted that the alleged offense was not as serious as murder or rape, and that the cleric, with no prior criminal record, had taken in and sheltered a mentally challenged child who had been abandoned. The Supreme Court highlighted that the trial court’s initial denial of bail, while typical, should have been overturned by the High Court.
Justices JB Pardiwala and R Mahadevan emphasized that the power to grant bail is discretionary, but this discretion must be exercised judicially, not arbitrarily. They criticized the lower courts for what they perceived as a tendency to overemphasize the gravity of conversion-related charges. The Supreme Court also expressed concern over the increasing number of bail applications reaching higher courts due to a lack of courage and judicious application of bail principles at lower levels.
While granting bail, the Supreme Court cautioned that this should not impede the ongoing trial. The court further lamented that the case should never have reached the Supreme Court level, criticizing the lower courts for not exercising their discretionary powers more effectively. This ruling serves as a warning to other courts regarding the appropriate handling of bail applications and the potential for increased caseloads if such practices continue.
First Piper 