Court emphasizes bail as the rule and jail as the exception; grants bail citing completed investigation, victim's age, and absence of antecedents
In a significant judgment delivered on October 9, 2026, the Gujarat High Court, presided over by Justice Hasmukh D. Suthar, granted regular bail to Molana Mohammad Ramzan Janmohammad, who was accused of solemnizing the marriage of a minor girl and converting her faith without verifying her age or identity documents. The case, registered at Rapar Police Station, District Kachchh (East) Gandhidham, involved multiple charges under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Protection of Children from Sexual Offences Act, 2012 (POCSO), Prohibition of Child Marriage Act, 2006, and the Gujarat Freedom of Religion Act.
The applicant had been in custody since June 16, 2026, following allegations that he changed the victim's name, solemnized her marriage, and converted her faith. The victim was 17 years and 3 months old at the time of the alleged incident. The prosecution had charged the applicant under various sections, including those related to child protection and religious freedom violations.
The Court noted that the investigation was complete and the chargesheet had been filed. Importantly, there were no further recoveries or evidence to be collected from the applicant. The applicant had no previous criminal antecedents. The prosecution failed to demonstrate any risk of witness tampering, absconding, or obstruction of justice that would justify continued detention.
Citing the principles enshrined in Article 21 of the Constitution of India guaranteeing personal liberty, the Court reiterated the jurisprudential maxim that "bail is the rule and jail is the exception." The Court referred to precedents including Sanjay Chandra vs. CBI and Gudikanti Narasimhulu vs. Public Prosecutor to underscore that prolonged incarceration before trial amounts to pre-trial punishment, which is impermissible.
The applicant was ordered to be released on bail upon furnishing a personal bond of Rs. 25,000 along with one local surety of the same amount. The Court imposed several conditions to ensure the applicant's compliance with the law and cooperation with the ongoing trial, including monthly police station appearances, surrender of passport, prohibition on leaving Gujarat without court permission, and restrictions on changing residence or contact details without approval.
The Court expressly stated that the trial court should not be influenced by the High Court's preliminary observations at the bail stage and retained the discretion to modify bail conditions as necessary. The judgment balances the right of the accused to liberty with the need to protect the victim and ensure a fair trial.
This ruling highlights the judiciary's commitment to upholding personal liberty rights even in sensitive cases involving child protection and religious conversion, ensuring that incarceration before trial is not used as a punitive measure but that justice is served through due process.
Bottom Line:
Regular bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to applicant accused of solemnizing marriage of minor girl and converting her faith, considering that investigation was over, chargesheet filed, no recovery remained, applicant had no antecedents, victim was aged 17 years and 3 months, and continued incarceration would amount to pre-trial punishment; reiterated that bail is the rule and jail is the exception.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 483, 64(2)(i), 64(2)(m), 137(2), 87, 115(2), 351(3); Protection of Children from Sexual Offences Act, 2012 Sections 4, 6, 17, 18; Prohibition of Child Marriage Act, 2006 Sections 9, 10; Gujarat Freedom of Religion Act Section 4A
Molana Mohammad Ramzan Janmohammad v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2995519
