Allahabad HC Denies Bail To 19 Y/O 'Lashkar-e-Taiba Associate' Accused Of Promoting Arms Acquisition Through WhatsApp

The Allahabad High Court last week denied bail to a 19-year-old alleged associate of 'Lashkar-e-Taiba' who was arrested by the Anti-Terrorist Squad (ATS) of UP Police last year on the charges of spreading hatred, promoting anti-India feelings and providing and facilitating the acquisition of weapons through WhatsApp groups.

Considering the allegations against the accused (Inamul Haq Alias Inamul Imtiyaz), the bench of Justice Pankaj Bhatia observed that although the right to practise and propagate religion is guaranteed under Article 19, however, from the nature of allegations levelled in the FIR, it can't be said that the second part of Section 121-A IPC was not made out against the accused.

Allegedly, the FIR against the accused was lodged under Sections 121-A, 153-A IPC and Section 66 IT Act on the allegations that he had formed a WhatsApp group on which, he used to spread literature which could be termed as jihadi literature and also used to upload jihadi videos.

In the FIR, it was further recorded that the applicant had admitted that he wanted to become a jihadi and he admitted that he was associated with the Lashkar group and for the "last 15-16 years", he was running a WhatsApp group, which consisted of 181 members, including 170 members of Pakistan, 3 members of Afghanistan and 1 member of Malaysia and Bangladesh each and 6 members from India.

Lastly, it was also the allegations against him that he was also involved in promoting the acquisition of arms and promoting the group on the basis of religious prejudices.

Seeking bail in the case, he moved the HC wherein his counsel (Advocate Shivam Yadav) argued that as per the allegations as contained in the FIR, prima facie, no offence to implicate the applicant under Section 121-A IPC can be said to be made out.

He also contended that the applicant has been in custody since March 14, 2022, and the offences alleged against the applicant are punishable for a term of five years. On the other hand, the counsel for the state opposed his bail plea by referring to the allegations levelled against him in the FIR.

Against this backdrop, the Court, at the outset, perused Section 121A IPC (Conspiracy to commit offences punishable by section 121). Further, the Court noted that as per the allegations levelled against the applicant and the FIR, the applicant was the administrator of two WhatsApp groups comprising mainly foreign citizens and the said group was allegedly promoting the acquisition of arms and promoting the group on the basis of religious prejudices.

In view of these allegations against the accused, the Court said that the second part of Section 121-A IPC cannot be said to be made out against the accused. Consequently, considering the gravity of the allegation, the Court found no case for grant of bail and hence, it rejected his bail application.

Case title - Inamul Haq Alias Inamul Imtiyaz vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 7241 of 2023]

Case Citation: 2023 LiveLaw (AB) 260

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