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A local court in Uttar Pradesh has granted bail to Maulana Umar Gautam in an alleged forceful conversion case. Gautam, also accused of being involved in a nationwide religious conversion racket, is in jail since June 2021 following his arrest by the Uttar Pradesh Anti Terrorism Squad (ATS).

The court of Additional District Judge, Fatehpur (U.P.) granted bail to Gautam on February 10 in a case registered under sections 295A, 506 of the Indian Penal Code and section 3/5(1) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021. 

Importantly, agreeing with the defense argument that the charges under the unlawful conversion law were wrongly imposed on Gautam as the case was said to have been initiated at the beginning of the year 2020, however, the UP Prohibition of Unlawful Conversion of Religion Ordinance had come into force on 27 November 2020, court noted in the order that Gautam's acts done in March 2020 did not seem to constitute a crime under the said law. 

Gautam has been granted release on bail on a personal bond of rupees 1 lakh, and two securities of the same amount. He had also been directed not to leave the country without court's permission and not to influence prosecution witnesses in any way.

As per the prosecution case, Gautam had visited one Noorul Huda English Medium School in the year 2020 before Holi. It is alleged that Gautam in collusion with school's manager Maulana Umar Sharif Mahajri, had forcefully tried to convert Hindu teachers of the school into Islam.

The complainant in the case, a teacher of that school, had filed a complaint in this regard on August 25, 2021. She had alleged that when Gautam visited the school, Hindu teachers of the schools were called in and were pressured to accept Islam and when she refused to do so, she was fired from her job without being given her salary.

She had alleged that in the alleged gathering, Gautam, school manager Maulana Mahajari and one other person Mohd. Umair Sharif had also insulted Hindu deities using hateful and insulting words. She had even claimed that teachers were also lured to be sent abroad with good facilities and a huge amount of money was also offered.  She had added that the above people had even threatened her to accept Islam otherwise to face the consequences.

Her complaint also mentioned that in this school, Islamic education used to be given to Hindu children, and they were even taught Namaz. She had also claimed that whenever students used to refuse, they were either lured or intimidated.

However, in the bail plea, filed by Gautam's wife on his behalf, it was averred that the whole prosecution case was concocted. It was pointed out that the FIR in the case was registered with a delay of 18 months, of which none explanation was ever given. 

It was also argued on behalf of the defense that the complainant teacher had also complained to the National Commission for Protection of Child Rights, in which a 6-member committee was constituted by the District Magistrate Fatehpur to investigate the matter, in which no indictment was found and the allegation was not confirmed.

Therefore, considering the submissions made by both the parties, court found that a case for bail was made out on Gautam's part. Court noted, 

"Therefore, keeping in view the above facts and circumstances, without expressing any opinion on the merits, in the view of the Court, the ground for conditional bail appears sufficient. As a result, the bail application is admissible."

Case Title: Mohd. Umar Gautam vs. State of Uttar Pradesh