Procedure for Anticipatory Bail in Cases Registered Under Anti-Conversion Law in U.P. A Complete Legal Guide by Advocate Manoj Sharma

 


Introduction

An FIR under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 can create an immediate concern about arrest because offences under the Act are classified as cognizable and non-bailable and are triable by the Court of Sessions. The law was substantially amended in 2024, including changes to punishments and the bail provision. IndiaCode by eCourtsIndia

For a person who has a genuine apprehension of arrest, an important legal remedy is anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The practical question is:

What is the procedure for obtaining anticipatory bail when an FIR has been registered under the U.P. Anti-Conversion Law?

The answer depends on the exact sections invoked, the allegations, the applicant’s alleged role, the stage of investigation and the circumstances surrounding the apprehension of arrest.

Importantly, Allahabad High Court records show that anticipatory-bail applications under Section 482 BNSS have been entertained in cases involving Sections 3/5 of the U.P. Prohibition of Unlawful Conversion of Religion Act. For example, in Jalaluddin v. State of U.P. (Lucknow Bench, 2025), the Court granted anticipatory bail in a case involving Sections 3, 5(1), 5(3) of the U.P. Act along with a BNS offence, subject to conditions. CaseMine

What Is the U.P. Anti-Conversion Law?

The relevant legislation is the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, as amended in 2024.

Section 3 prohibits conversion or attempted conversion from one religion to another through specified means including misrepresentation, force, fraud, undue influence, coercion, allurement or fraudulent means. The provision also addresses abetment, convincing or conspiracy in relation to such conversion. Vidhi Judicial Academy

The 2024 amendment significantly changed the punishment framework under Section 5.

For a contravention of Section 3, Section 5(1) now provides imprisonment of not less than three years and up to ten years, along with a minimum fine of ₹50,000.

Where the alleged contravention concerns a minor, disabled or mentally challenged person, woman, or person belonging to the Scheduled Castes or Scheduled Tribes, the punishment is enhanced to rigorous imprisonment of not less than five years and up to fourteen years, with a minimum fine of ₹1 lakh.

The amendment also provides enhanced punishment for mass conversion and other specified conduct. PRS Legislative Research

Are Offences Under the U.P. Anti-Conversion Act Non-Bailable?

Yes.

Following the 2024 amendment, Section 7(1) expressly provides that all offences under the Act are cognizable and non-bailable and triable by the Court of Sessions, notwithstanding anything contained in the BNSS. IndiaCode by eCourtsIndia

This is significant because a person accused of a non-bailable offence may need to consider pre-arrest protection where there is a genuine apprehension of arrest.

That is where Section 482 BNSS becomes relevant.

What Is Anticipatory Bail Under Section 482 BNSS?

Section 482 BNSS provides a statutory mechanism for a person who has reason to believe that they may be arrested for a non-bailable offence to approach the High Court or Court of Session for a direction that, in the event of arrest, the person be released on bail. India Code

The provision has been in force since 1 July 2024, when the BNSS came into operation. India Code

Therefore, if an individual is named in an FIR under the U.P. Anti-Conversion Law and reasonably apprehends arrest, an anticipatory-bail application under Section 482 BNSS may be considered, subject to the specific facts and statutory restrictions applicable to the case.

Is Anticipatory Bail Maintainable in an Anti-Conversion Case?

It can be maintainable.

The fact that an offence under the U.P. Anti-Conversion Act is non-bailable does not, by itself, mean that anticipatory bail is unavailable.

Recent Allahabad High Court proceedings demonstrate that applications under Section 482 BNSS have been filed and adjudicated in cases involving Sections 3/5 of the U.P. Act.

For instance:

  • In Jalaluddin v. State of U.P. (16 September 2025), the Lucknow Bench considered an anticipatory-bail application involving Sections 3, 5(1), 5(3) of the U.P. Act and Section 351(3) BNS and granted protection subject to conditions. CaseMine
  • In Malishka @ Malishka Fatma v. State of U.P. (4 May 2026), the Allahabad High Court considered an application under Section 482 BNSS involving Sections 3 and 5(1) of the U.P. Act and granted anticipatory bail on the facts of that case. Indian Kanoon
  • Allahabad High Court records also show other Section 482 BNSS applications involving Section 3/5 of the U.P. Act during 2025–2026. Indian Kanoon

These decisions are fact-specific. They do not mean that anticipatory bail is automatically granted in every case registered under the Act.

Step-by-Step Procedure for Anticipatory Bail

Step 1: Obtain and Examine the FIR

The first step is to obtain a copy of the FIR and identify:

  • Sections of the U.P. Anti-Conversion Act invoked;
  • BNS sections, if any;
  • Identity of the complainant;
  • Alleged victim;
  • Date and place of alleged incident;
  • Specific role attributed to the accused;
  • Allegations concerning force, coercion, fraud, allurement or undue influence;
  • Any allegation involving marriage;
  • Whether the case involves a minor or another specially protected category.

This examination is essential because the seriousness of the allegations and the statutory provisions invoked directly affect the bail strategy.

Step 2: Assess the Apprehension of Arrest

Section 482 BNSS is intended for a person who has reason to believe that arrest may occur.

A mere general fear of arrest may not be enough.

The circumstances may include:

  • FIR already registered;
  • Police contacting the accused;
  • Police attempting to locate the accused;
  • Co-accused being arrested;
  • Notice from the investigating agency;
  • Statements recorded during investigation indicating the applicant’s involvement;
  • Other circumstances creating a reasonable apprehension of arrest.

The application should explain the factual basis for that apprehension.

Step 3: Collect Relevant Documents

A proper anticipatory-bail application should be supported by relevant material wherever available.

Depending on the case, this may include:

  • FIR;
  • Complaint;
  • Police notice;
  • Marriage certificate;
  • Age-related documents;
  • Conversion-related documents;
  • Communication records;
  • Relevant photographs or videos;
  • Bank or financial records where relevant;
  • Medical records where relevant;
  • Previous court orders;
  • Evidence showing the applicant’s actual role;
  • Details of criminal antecedents.

The exact documents depend upon the allegations.

Step 4: Prepare the Anticipatory-Bail Application

The application under Section 482 BNSS generally sets out:

Applicant’s Identity

Name, address and relevant particulars.

FIR Details

Crime number, police station, district and date.

Offences Alleged

The relevant U.P. Act and BNS provisions.

Facts

A concise explanation of the allegations and the applicant’s version.

Grounds for Bail

Depending on the facts, grounds may include:

  • False implication;
  • No specific role;
  • Contradictions in the FIR;
  • Unexplained delay;
  • Lack of prima facie material;
  • Applicant’s cooperation with investigation;
  • No criminal antecedents;
  • Lack of necessity for custodial interrogation;
  • Other case-specific circumstances.

These grounds must be supported by the actual record rather than generic statements.

Step 5: File Before the Appropriate Court

Section 482 BNSS permits an application before:

High Court or Court of Session. India Code

For cases arising in Uttar Pradesh, the appropriate court depends on the territorial and procedural circumstances of the case.

For matters falling within the jurisdiction of the Allahabad High Court, Lucknow Bench, anticipatory-bail applications under Section 482 BNSS are being filed and heard by the Court. The High Court’s case records contain numerous such applications during 2026. Allahabad High Court

Step 6: Hearing of the Application

The State generally opposes or responds to the anticipatory-bail application through the prosecution.

The complainant/informant may also participate through counsel where permitted by law and the court’s procedure.

The court may consider:

  • Nature of accusation;
  • Gravity of alleged offence;
  • Applicant’s role;
  • Criminal antecedents;
  • Possibility of fleeing;
  • Need for custodial interrogation;
  • Possibility of influencing witnesses;
  • Possibility of tampering with evidence;
  • Cooperation with investigation.

The Supreme Court has recognised these types of considerations in determining anticipatory-bail applications. Indian Kanoon

Step 7: Interim Protection May Be Sought

Depending on the circumstances, the court may consider interim protection while the application is being heard.

The exact order depends upon the court.

An applicant should not assume that filing an anticipatory-bail application itself automatically prevents arrest.

Protection comes from the court’s order, not merely from filing the application.

Step 8: Final Anticipatory-Bail Order

If the court grants anticipatory bail, the order may contain conditions.

Section 482(2) BNSS specifically allows conditions such as:

  • Making oneself available for interrogation;
  • Not inducing, threatening or promising witnesses;
  • Not tampering with evidence;
  • Not leaving India without prior permission;
  • Other conditions under the applicable bail provisions. India Code

In Jalaluddin, the Allahabad High Court imposed conditions including availability for interrogation, no inducement or threat to witnesses, restriction on leaving India without permission, appearance before the trial court and no intimidation of prosecution witnesses. CaseMine

Does Section 7(2) of the U.P. Act Affect Anticipatory Bail?

This is an important legal distinction.

Section 7(2) says that a person accused under the Act if in custody cannot be released on bail unless:

  1. The Public Prosecutor has been given an opportunity to oppose the bail application; and
  2. Where the Public Prosecutor opposes it, the Court of Sessions is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit an offence while on bail. IndiaCode by eCourtsIndia

The wording specifically addresses a person “if in custody.”

That is different from a person who has not yet been arrested and is seeking anticipatory bail under Section 482 BNSS.

Allahabad High Court’s continuing adjudication of Section 482 applications involving Sections 3/5 of the U.P. Act is therefore significant in understanding the procedural landscape. Indian Kanoon

The exact applicability of statutory bail restrictions should nevertheless be examined in the context of the specific FIR and other offences invoked.

What Factors Can Help the Court Assess an Anticipatory-Bail Application?

There is no automatic formula for granting anticipatory bail.

The court may examine factors such as:

1. Specific Role of the Applicant

Whether the FIR attributes a direct role or merely makes a general allegation.

2. Nature of the Allegation

Whether the allegation concerns misrepresentation, force, coercion, fraud, allurement, undue influence or another prohibited act under Section 3.

3. Documentary Material

Whether available documents support or contradict the allegations.

4. Delay in FIR

The circumstances and explanation for any delay may be relevant.

5. Criminal Antecedents

Previous criminal history can be considered.

6. Custodial Interrogation

The court may examine whether custody is genuinely necessary for investigation.

7. Cooperation

The applicant’s willingness to participate in the investigation may be relevant.

8. Risk of Witness Influence

The court may impose conditions where there is concern regarding interference with witnesses or evidence.

In Malishka @ Malishka Fatma, the Allahabad High Court considered factors including criminal history, the material connecting the applicant with the allegations, flight risk and willingness to cooperate before granting anticipatory bail on the facts before it. Indian Kanoon

What Happens After Anticipatory Bail Is Granted?

Receiving anticipatory bail does not end the criminal investigation.

The applicant may still be required to:

  • Join the investigation;
  • Appear before the Investigating Officer;
  • Provide documents lawfully required;
  • Comply with court conditions;
  • Avoid contacting or influencing witnesses;
  • Attend court when required.

Failure to comply with conditions can lead to consequences including an application for cancellation of bail.

In Malishka, the Allahabad High Court expressly stated that breach of the imposed conditions could become a ground for cancellation. Indian Kanoon

What If the Charge Sheet Is Filed?

The filing of a charge sheet does not automatically mean that every anticipatory-bail order immediately disappears.

The effect depends upon the terms of the order and the procedural stage.

The Supreme Court has held that anticipatory bail is not ordinarily required to be mechanically restricted to a short period and that courts can impose appropriate conditions depending upon the circumstances. Sci API

In a 2026 Allahabad High Court order concerning a U.P. conversion-law case, the court also gave directions concerning appearance after charge sheet and cognizance while granting anticipatory bail. Indian Kanoon

Therefore, the accused should carefully read the exact terms of the anticipatory-bail order.

What If Multiple BNS Sections Are Added?

An Anti-Conversion Act FIR may also contain allegations under the BNS or other criminal statutes.

This can materially change the bail analysis.

For example, the FIR may contain allegations relating to:

  • Criminal intimidation;
  • Kidnapping or abduction;
  • Sexual offences;
  • Conspiracy;
  • Cheating;
  • Assault;
  • Other offences.

The advocate must therefore examine the complete FIR, rather than analysing only Sections 3 and 5 of the U.P. Anti-Conversion Act.

This is particularly important because another offence may have its own statutory restrictions affecting anticipatory bail.

2024 Amendment: Why It Matters for Bail Strategy

The 2024 amendment substantially strengthened the punishment framework.

Among other changes, it provides:

Allegation/ConductPunishment under amended Section 5Contravention of Section 33–10 years + minimum ₹50,000 fineMinor/woman/SC/ST etc.5–14 years rigorous imprisonment + minimum ₹1 lakh fineMass conversion7–14 years rigorous imprisonment + minimum ₹1 lakh fineMoney from foreign/illegal institutions in connection with unlawful conversion7–14 years rigorous imprisonment + minimum ₹10 lakh fineSpecified conduct involving fear, assault, force, marriage/promise of marriage, inducement, conspiracy or trafficking20 years to life imprisonment + fine

These provisions come from the 2024 amendment. PRS Legislative Research

Because the potential punishment can be substantial, early legal examination of the FIR and bail position becomes particularly important.

Important Documents for an Anti-Conversion Bail Case

A lawyer may need to examine:

FIR & Police Documents

  • FIR copy;
  • Complaint;
  • Police notice;
  • Case diary material where legally available;
  • Statements relevant to the accused.

Relationship/Marriage Documents

  • Marriage certificate;
  • Marriage photographs;
  • Registration documents;
  • Relevant correspondence.

Identity and Age Documents

  • Aadhaar/passport;
  • Birth certificate;
  • School records;
  • Other age-related documents where relevant.

Digital Evidence

  • WhatsApp conversations;
  • Call records;
  • Emails;
  • Social media messages;
  • Photographs;
  • Videos.

Other Evidence

  • Bank transactions;
  • Travel records;
  • Employment records;
  • Medical records;
  • Previous court orders.

The relevance of each document depends on the allegations.

Common Mistakes to Avoid

❌ Ignoring the FIR

Do not rely only on what someone verbally tells you about the case.

❌ Waiting Until Arrest

If there is a genuine apprehension of arrest, legal advice should be taken promptly.

❌ Contacting the Complainant

Attempts to pressure, threaten or influence the complainant or witnesses can create serious complications.

❌ Destroying Digital Evidence

Relevant chats, emails or documents should not be deleted or manipulated.

❌ Assuming Marriage Automatically Resolves the Case

The effect of marriage or consent depends on the exact allegations and applicable law. It should not be assumed that marriage automatically ends criminal proceedings.

❌ Using Generic Bail Grounds

The application should address the specific allegations and evidence in the FIR.

Anticipatory Bail in U.P. Anti-Conversion Cases: Practical Checklist

Before approaching the court, examine:

1. FIR obtained
2. Exact U.P. Act sections identified
3. BNS sections identified
4. Apprehension of arrest established
5. Criminal antecedents checked
6. Relevant documents collected
7. Applicant’s specific role analysed
8. Custodial interrogation issue examined
9. Investigation cooperation strategy prepared
10. Appropriate High Court/Court of Session identified
11. Bail conditions understood
12. Related proceedings checked

Role of Advocate Manoj Sharma in Anti-Conversion Bail Matters

A case under the U.P. Anti-Conversion Law can involve both special statutory provisions and general criminal procedure under BNSS.

Advocate Manoj Sharma assists clients in Lucknow and Uttar Pradesh with matters involving:

  • Anticipatory Bail under Section 482 BNSS;
  • FIRs under the U.P. Prohibition of Unlawful Conversion of Religion Act;
  • Criminal defence;
  • Bail applications;
  • Police investigation;
  • BNS offences connected with conversion allegations;
  • Legal notices and police proceedings;
  • Representation before the appropriate courts.

The legal strategy depends upon the exact FIR, allegations, evidence and procedural stage.

Frequently Asked Questions

Can anticipatory bail be filed in a U.P. Anti-Conversion Act case?

Yes, Allahabad High Court has entertained Section 482 BNSS anticipatory-bail applications involving Sections 3/5 of the U.P. Act. Whether protection should be granted depends on the individual facts and applicable law. Indian Kanoon

Which section of BNSS is used for anticipatory bail?

Section 482 BNSS provides for a direction for bail to a person apprehending arrest for a non-bailable offence. India Code

Where can an anticipatory-bail application be filed?

Section 482 permits an application before the High Court or Court of Session. India Code

Are offences under the U.P. Anti-Conversion Act bailable?

No. Section 7(1), as substituted by the 2024 amendment, provides that offences under the Act are cognizable and non-bailable and triable by the Court of Sessions. PRS Legislative Research

Does filing anticipatory bail automatically stop arrest?

No. Filing an application does not itself create an automatic protection. The applicant must obtain appropriate judicial protection.

Can anticipatory bail be granted even when the FIR contains Sections 3/5 of the U.P. Act?

It can be considered. Recent Allahabad High Court cases demonstrate that such applications are being adjudicated, with outcomes depending on the facts and circumstances. Indian Kanoon

What conditions can the court impose?

Conditions can include cooperation with interrogation, no inducement or threats to witnesses, restrictions on leaving India and other conditions considered appropriate by the court. India Code

Conclusion

An FIR under the U.P. Prohibition of Unlawful Conversion of Religion Act can involve serious allegations and significant potential punishment, particularly after the 2024 amendments.

Because offences under the Act are cognizable and non-bailable, a person who genuinely apprehends arrest may need to consider the remedy of anticipatory bail under Section 482 BNSS. PRS Legislative Research

The important point is that an Anti-Conversion Act FIR should not be analysed in isolation. The exact sections, allegations, role attributed to the accused, accompanying BNS offences, evidence, criminal history and investigation stage can all affect the legal approach.

Recent decisions of the Allahabad High Court demonstrate that Section 482 BNSS anticipatory-bail applications involving the U.P. Anti-Conversion Act are being considered, and in appropriate fact-specific cases protection has been granted with conditions. Indian Kanoon

If you or a family member is facing an FIR under the U.P. Anti-Conversion Law and there is an apprehension of arrest, timely examination of the FIR and available legal remedies is important.

Advocate Manoj Sharma

Criminal & Anticipatory Bail Lawyer in Lucknow

📞 +91 97173 02802
📍 Lucknow, Uttar Pradesh

Anti Conversion Law Lawyer in Lucknow, Anticipatory Bail Lawyer Lucknow, U.P. Anti Conversion Act Lawyer, Conversion Case Bail, Section 482 BNSS Lawyer, Anticipatory Bail in U.P., Criminal Lawyer Lucknow, Anti Conversion Case Lawyer, Bail Lawyer in Lucknow

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