The Supreme Court of India has granted bail to a lawyer who was booked on charges of outraging the modesty of his wife and attempting to forcibly convert her to Islam. 

The bench, presided over by Justices Abhay S Oka and Ujjal Bhuyan, took into account the details of the case, which included serious allegations made by the complainant-wife against not only the accused lawyer but also his entire family.

The criminal complaint filed by the wife implicated the accused man's family, making it a complex and sensitive matter for the courts to adjudicate. After careful consideration of the facts at hand, the Supreme Court, in its decision, deemed it appropriate to grant bail to the appellant. 

The bench directed that the appellant should be produced before the Trial Court within a week, and the Trial Court was instructed to release the appellant on bail, subject to suitable terms and conditions.

This decision comes in the wake of an appeal challenging a September 2023 order by the Gujarat High Court, which had refused to grant bail to the accused lawyer. The High Court had upheld a prior decision by a trial court, citing a prima facie criminal case and expressing concerns that the accused might tamper with evidence if released on bail.

The allegations against the appellant are serious, including attempts to convert his wife to Islam and threats to release an intimate video clip featuring the couple. The High Court's refusal to grant bail was based on the belief that a criminal case had been sufficiently established, and there was a risk of evidence tampering.

However, the Supreme Court, in its judgment, differed from the High Court's stance and allowed the appeal against the refusal of bail. The apex court's decision suggests a nuanced evaluation of the circumstances surrounding the case and the belief that the appellant deserves bail.

Advocates representing the accused, including Mohd Yasin, Shariq Nisar, Yashovardhan Oza, Md Tanvir, Bilal Kagzi, Suyash Tripathi, Yamin Bisht, and Anas Tanwir, played a crucial role in presenting the appellant's case before the Supreme Court.

On the other side, Advocates Deepanwita Priyanka, Swati Ghildiyal, and Devyani Bhatt appeared for the Gujarat government, advocating against the grant of bail.

Case: Bhurekhan @ Akramkhan Ganikhan Pathan Vs State of Gujarat,

CRIMINAL APPEAL NO.1144 OF 2024 (Arising out of S.L.P.(Criminal) No.1117 of 2024).

Click to read/download order.