Accused In Jail Since 2022 & Trial Has Not Commenced: Allahabad HC Grants Bail To PFI Member Accused of Provoking Muslims For Religious Orthodoxies
The Allahabad High Court granted bail to a Popular Front of India (PFI) member who was accused under Section 121A of the IPC for allegedly aggravating religious disharmony agenda.
The Court noted that the accused had been in jail since 2022 and the trial had not even commenced. The Court also noted that the accused, who was as per the prosecution allegedly “provoking the Muslims for religious orthodoxies,” had no criminal history as well.
A Single Bench of Justice Karunesh Singh Pawar observed, “On due consideration to the submissions advanced…and the fact that applicant has no criminal history, applicant is in jail since 27.09.2022 and till date trial has not commenced, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.”
Advocate Aftab Ahmad appeared for the applicant.
The case of the prosecution was that certain members of the PFI were allegedly provoking religious orthodoxies, advocating for the killing of Hindus, and aiming to make India into a Muslim nation. The UP Special Task Force (UPSTF) apprehended three individuals, including the accused who sought bail in the present case, based on intelligence inputs.
The prosecution's case was based on the alleged recovery of various identification documents and literature promoting Islamic rule in India. The prosecution claimed that the accused also admitted his connection to PFI and standing as surety for PFI Member and PE Trainer Mohammad Anshad on Pradhan Ji Arshad's advice.
The prosecution further alleged that the accused identified himself as a member of the PFI, stating his mission was to allegedly to incite Muslims, challenge national unity, spread social hatred, and transform India into an Islamic nation by 2047.
The accused filed a bail application seeking bail for offences under Sections 121A, 153A and 295A of the I.P.C.
The accused argued that mere recovery of pamphlets with objectionable content against the State was not enough to invoke Section 121-A of the IPC. As regards the other offences under Sections 153- A and 295-A of the IPC, the accused argued that the maximum sentence under these Sections was up to three years and the accused had been languishing in jail for the last year and eight months.
Consequently, after considering the arguments advanced by the accused, the Court granted bail noting that he had no criminal history. "Let the applicant Mohd. Rehan be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned," the Court ordered.
Accordingly, the High Court allowed the bail application.
Cause Title: Mohd. Rehan v. State of U.P. (Neutral Citation: 2024:AHC-LKO:50540)
Appearance:
Applicant: Advocates Aftab Ahmad, Nikhil Pathak, Sheeran Mohiuddin Alavi and Vikas Vikram Singh