The Allahabad High Court has allowed the bail application of Mohd Rehan accused of provoking the Muslims for religious orthodoxies, killing of Hindus, making India a Muslim nation, aggravating religious disharmony agenda, reestablishing Babri Maszid.
A Single Bench of Justice Karunesh Singh Pawar passed this order while hearing a Criminal Misc Bail Application filed by Mohd Rehan.
The bail application has been filed by the accused applicant seeking bail in Case under Sections 121-A, 153-A, 295-A I.P.C, P.S Bakshi Ka Talab, District Lucknow.
It is alleged in the prosecution case that informant State thru Hemant Bhushan Singh has given information on the basis of recovery memo alleging therein that since last few days, UPSTF had been receiving information that few members of Popular Front of India are provoking the Muslims for religious orthodoxies, killing of Hindus, making India a Muslim nation, aggravate religious disharmony agenda, reestablishing Babari Masjid.
Counsel for applicant submitted that mere recovery of pamphlets which are of objectionable content against the State is not enough to invoke Section 121-A IPC.
In support of his contention, he has relied on the judgment passed by the Supreme Court in the case of Vernon vs State of Maharashtra and another. As regards the other offences under Sections 153- A, 295-A IPC, he submits that in these sections maximum sentence is up to three years and the applicant is already languishing in jail for the last one year and eight months thus, he has incarcerated enough. Applicant has no previous criminal history. Charge-sheet in the case has been filed however, till date trial has not commenced. Applicant undertakes to cooperate in the trial.
“On due consideration to the submissions advanced, perusal of the record as also the judgments of Supreme Court in the case of Vernon (supra) as well as Javed Gulam Nabi Shaikh vs State of Maharashtra and another, 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”, the Court observed while allowing the bail application.
The Court ordered that,
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 with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.