Schoolgirl Walks Free on Anticipatory Bail: Allahabad HC Skeptical of Lone Victim Claim in Conversion Case

In a nuanced ruling on May 4, 2026, the Allahabad High Court granted anticipatory bail to Malishka alias Malishka Fatma, a school student accused of brainwashing a minor classmate to wear a burka and convert her religion. Justice Avnish Saxena, presiding over Court No. 71, emphasized the lack of concrete evidence beyond the victim's statement and the applicant's clean record. Cited as 2026 LiveLaw (AB) 262 , the order in Malishka @ Malishka Fatma vs. State of U.P. and Another underscores cautious bail granting in sensitive anti-conversion cases.

From Classroom to Courtroom: The Burka Incident Sparks FIR

The controversy erupted at Janta Inter College in Moradabad, where the applicant, a co-student who had joined earlier, allegedly pressured a minor girl—identified only through her brother's FIR—to change her faith. Lodged on January 22, 2026, as Case Crime No. 21 of 2026 at P.S. Bilari under Sections 3 and 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 , the complaint detailed brainwashing, a forced burka on December 20, 2025, and ongoing coercion. The FIR named five accused, with primary allegations against co-accused Aleena, already granted bail by another bench. A writ petition to quash the FIR was dismissed on April 16, 2026, keeping the probe alive.

Defense Fires Back: False Implication or Sinister Plot?

Malishka's counsel, Sri Jaideep Pandey, argued false implication, highlighting the delayed FIR—over a month after the burka incident—and no prior complaints against her. As a fellow student with no criminal history, she posed no flight risk and vowed full cooperation. The main target, Aleena, was already bailed, diluting claims against Malishka.

Opposing fiercely, Assistant Government Advocate Sri Prankaj Saxena and informant counsel Sri Chandra Vijai Singh pointed to the victim's statements under Sections 180 and 183 BNSS, detailing pressure and brainwashing. They dismissed FIR delay as the minor being under the accused's influence, with the brother learning of the "sinister design" only after efforts.

Balancing Scales: Supreme Court Precedents Guide the Verdict

Justice Saxena meticulously applied Supreme Court wisdom from landmark cases: Gurubaksh Singh Sibbia vs. State of Punjab (1980) 2 SCC 565 , Siddharam Satlingappa Mhetre vs. State of Maharashtra (2011) 1 SCC 694 , and Sushila Aggarwal vs. State (NCT of Delhi) (2020) 5 SCC 1 . These direct courts to weigh accusation gravity against criminal antecedents, false implication risks, custodial needs, cooperation willingness, and flight potential. Finding "nothing on record other than the statement of victim," low risk, and clean history, the court tilted toward liberty.

Key Observations from the Bench

"The accused/applicant has no criminal history. there is nothing on record other than the statement of victim to show the involvement of accused/applicant."

"Considering... the gravity of accusation, explained criminal history and apprehension of arrest... vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial..."

"The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon’ble Supreme Court... wherein it is consistently held... that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation..."

These quotes capture the court's restrained approach, prioritizing evidence over allegation alone.

Bail with Safeguards: Cooperation Mandated, Trial Unhindered

Malishka must appear within 30 days, furnish Rs. 25,000 bond with sureties, avoid witness tampering, attend key trial stages, and expedite proceedings post-charge sheet. Breach invites cancellation. The order clarifies: no merits comment, leaving trial court free.

This decision signals judicial wariness in anti-conversion probes—victim statements aren't ironclad without corroboration—potentially easing bail for peripheral accused while ensuring probes proceed swiftly. For Moradabad's school corridors and beyond, it reaffirms bail as rule, jail exception.