The Gujarat High Court has granted regular bail to a Muslim cleric accused of solemnising the marriage of a 17-year-old girl and changing her faith without checking her age. Justice Hasmukh D. Suthar passed the order on October 9, 2026. He noted that the investigation was over and the chargesheet had already been filed.
The applicant, Molana Mohammad Ramzan Janmohammad, approached the High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). He sought regular bail in connection with FIR No. 11993010260332 of 2026, registered at Rapar Police Station in District Kachchh (East) Gandhidham. He had been in custody since June 16, 2026.
The FIR invokes several laws. It includes Sections 64(2)(i), 64(2)(m), 137(2), 87, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 4, 6, 17 and 18 of the Protection of Children from Sexual Offences (POCSO) Act. It also cites Sections 9 and 10 of the Prohibition of Child Marriage Act, which deal with solemnising or performing a child marriage, and Section 4A of the Gujarat Freedom of Religion Act, which covers unlawful religious conversion.
His advocate argued that he had been falsely implicated and that nothing remained to be recovered from him. The State and the complainant’s lawyer opposed the plea, pointing to the seriousness of the allegations.
Describing the prosecution’s case, the court recorded:
“Allegation against the present applicant is that the applicant is Molana and as a Molana, without verifying the ID proof and age or any other material, he has changed name of the victim and solemnized marriage. Further he has converted faith of the victim.”
The order also records that there was no allegation of an abbreviated form of sexual assault. It noted that he had no past record and that the prosecution had not shown why his detention should continue.
Referring to the Supreme Court’s rulings in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, the judge observed:
“Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.”
The court allowed the plea and ordered his release on a personal bond of Rs 25,000 with one local surety. He must surrender his passport, if any, stay within Gujarat unless the trial court permits otherwise, and report to the police station monthly for six months.
Case Title: Molana Mohammad Ramzan Janmohammad v. State of Gujarat & Anr.
Case Number: R/Criminal Misc. Application (For Regular Bail – After Chargesheet) No. 20655 of 2026
