The Supreme Court of India, on March 20, strongly criticized the Uttar Pradesh Police for allegedly misapplying the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, in a rape case. The bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, was hearing a bail plea filed by the accused in the case.

The petitioner’s counsel argued that the accused had been in jail for the past eight months without any fault. "I'm in jail, my lords, without any fault, for just helping a lady," the counsel submitted before the court, pleading for bail.

On the other hand, the counsel representing the state of Uttar Pradesh requested additional time to submit a counter affidavit, asserting that the case also involved gang rape charges.

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During the hearing, the Supreme Court referred to its previous order in the case, wherein it had noted that the matter involved a consensual relationship. The complainant, known to the petitioner for a long time, was already married and had a child from a previous relationship. The petitioner claimed that false allegations had been made to wrongfully implicate him.

Expressing surprise over the handling of the case, Chief Justice Khanna stated:

"Leave it, in fact, I am also surprised. I don’t want to use the word, but the state police is also biased... How can it be? The facts speak for themselves, and you are invoking the Conversion Act for nothing."

The court’s observation pointed to a possible misuse of the law, emphasizing that the Anti-Conversion Law was being wrongly applied in this case.

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Following these discussions, the Supreme Court granted bail to the petitioner and issued the following order:

"Leave granted, having regard to the facts and circumstances of the case, including the position that the informant was already married and had a child.

There seems to be contradiction in the office report with regard to the service report of the second respondent. Registry to examine and therein correct the factual position.

Relist in the week commencing 5th of May 2025. In the meanwhile, liberty is granted to the State to file a reply within two weeks, rejoinder if any within two weeks."

After dictating the order, CJI Khanna reiterated his concern over the wrongful application of the law, stating:

"There is nothing in it... You are not being fair in this. The state is not being fair in this. Facts speak for themselves. And invoking the Conversion Act? Uncalled for! Absolutely uncalled for."

The matter will now be heard in April.

Case Details : X vs. THE STATE OF UTTAR PRADESH | SLP(Crl) No. 003154 - / 2025