Bijnor conversion case: Muslim man at centre of ‘unsaid words’ WhatsApp row gets bail

During the bail hearing, Arif’s counsel, Advocate Gopal Misra, argued that Arif had been falsely and fraudulently implicated in the case as part of a conspiracy born out of enmity. Misra submitted that there were contradictions between the initial FIR and the victim’s subsequent statements and that she had not alleged any crime against Arif.

Misra referred to a love letter, allegedly written by the victim to Arif, which he claimed demonstrated she was a “willing party” in the relationship. He also argued that the victim’s family was pressuring her to give statements against Arif, and that there was no direct evidence of coercion.

In its order, the single-judge bench of Justice Gautam Chowdhary noted that “the nature of the evidence and the absence of any substantial contradictory material” as well as that the available material was “not likely to be tampered with.

On this basis, the bench found adequate grounds for granting bail while clarifying that it was not commenting on the merits of the case.

Arif was ordered to be released on furnishing a personal bond with two sureties. His bail conditions include not tampering with evidence, not threatening witnesses, and cooperating fully with the trial.

Arif was arrested on July 20 this year after a First Information Report (FIR) was filed by a local RSS worker, Sandeep Kaushik. The initial complaint accused Arif of being involved in “love jihad” by allegedly luring a Hindu woman into a relationship with the intention of unlawfully converting her religion.

The FIR was later expanded to include charges under various sections of the BNS, and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.

After his brother’s arrest, Afaq Ahmad had sent WhatsApp messages in which he claimed his brother was framed and expressed fear of being lynched while also repeatedly stating his faith in the judiciary.

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Last month, a division bench of the high court, while refusing to quash an FIR against Afaq for spreading religious hatred, had noted that his message “definitely conveys an underlying and subtle message that his brother has been targeted in a false case because of belonging to a particular religious community.”