The Lucknow Bench of the Allahabad High Court has granted bail to Islamic scholar Mufti Qazi Jahangir Alam Qasmi who was arrested in June 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of conspiring to run a mass religious conversion racket in the State.
The Division Bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava-I passed this order while hearing a Criminal Appeal filed by Mufti Qazi Jahangir Alam Qasmi.
The Criminal Appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 challenging the order dated 04.10.2023, passed by the Special Judge (NIA/ATS), Lucknow in Second Bail Application, by which, the second bail application of the applicant-appellant (herein) has been rejected.
The facts of the case are that the applicant-appellant is an accused in Sessions Trial (State vs Salahuddin and others), arising out of Case under Sections 417, 120-B, 153-A, 153-B, 295-A, 298, 121-A, 123 IPC and Section 3/5/8 of U.P Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station – ATS, Gomti Nagar.
At the very outset counsel for the appellant contended that in respect of the same case crime number bail has been granted to as many as 12 accused, many of whom having similar role as that of the appellant herein and two of the bails have been granted by the Supreme Court.
He has relied upon a similar judgment passed by the very Bench on 04.08.2023 in Criminal Appeal; Mhod Umar Gautam Vs State of U.P and Ors.
On being confronted counsel for the State fairly stated that it was a case of parity with the said appellant.
“In this case also after rejection of the first bail application an appeal was preferred before the Court which was dismissed. The matter was not taken up further, however, in interregnum co-accused were granted bail, therefore, based on ground of parity the second bail application was filed, but, the Court below has not considered the matter appropriately and has rejected the second bail application cursorily ignoring the earlier orders passed by the Court and the Supreme Court.Hence the appeal against the order dated 04.10.2023”, the Court observed.
The Court allowed the appeal on the same terms as Criminal Appeal No 2937 of 2023 and consequently the order dated 04.10.2023 passed by the Special Judge (NIA/ATS), Lucknow on Second Bail Application was quashed.
The Court ordered that,
Let the appellant/accused- Mufti Qazi Jahangir Alam Qasmi involved in the aforesaid case be released on bail on such terms the NIA Court may deem fit and proper, in addition to the conditions we enumerate in the succeeding paragraphs. We, accordingly, direct that the appellant shall be subjected to the following conditions by the NIA Court in addition to those that may be imposed by the NIA Court :-
(i) The appellant shall not communicate or try to communicate with any of the witnesses or alleged victims or try to influence them otherwise.
(ii) The appellant shall not leave the country without permission of the Trial Court and if he has any passport, he shall surrender the same to the Investigating Officer.
(iii) He shall present himself before the Investigation Officer of Police Station ATS, Lucknow in the third week of every month and if not possible on the said date, he shall positively appear by the last day of the month.
(iv) He shall otherwise co-operate with the Investigating Agency and in the Trial.
(v) The appellant 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.
(vi) The appellant 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.
(vii) In case, the appellant 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.
(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.