UP Conversion Racket: Allahabad HC Grants Bail To 4 Men Accused Of 'Waging War Against India' Through Unlawful Conversions

In connection with the Uttar Pradesh Mass Religious Conversion Racket case, the Allahabad High Court last week Granted bail to 4 men accused by the Uttar Pradesh Anti-Terrorism Squad (ATS) of 'Waging War Against India' through illegal conversions.

The bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I granted bail to Dheeraj Govind Rao Jagtap, Kausar Alam, Bhupriya Bando @ Arsalan Mustafa and Adam @ Prasad Rameshwar Kaware by taking note of Apex Court's orders granting bail to their co-accused Irfan Khan @ Irfan Shaikh (February 2023) and Abdullah Umar (July 2023). Abdullah was represented by Senior Advocate Sanjay Hegde and Advocate Pranjal Kishore.

Significantly, the Court also took into account the observations of the Top Court while granting bail to Abdullah that "having regard to the fact that the charges have been framed, we do not think that the appellant is required to be kept in detention pending trial". 

"...the case of the appellants is on similar footing as the charges against the present appellants have also been framed," the division bench further observed as it allowed their appeals filed under Section 21 (4) of the National Investigation Agency Act, 2008 challenging Lucknow NIA Court's order denying bail to them.

The Prosecution's case against all 4 accused is that they were carrying out anti-national activities by indulging in mass conversion of the people within the State of U.P. from Hindu religion to Islam by making publicity of Islam and after that, the appellants used to rehabilitate them.

UP ATS, who arrested them in 2021, has also alleged that a huge fund had been generated by them for executing such activities which is an offence within the scope of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. Thereafter, they were booked under Sections 120-B, 153-A, 153-B, 295A, 417, 298, 121A, 123 I.P.C. and Sections 3/5/8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021,

After the special NIA Court in Lucknow denied them bail, they moved the HC wherein their Counsels argued that the Supreme Court has already granted bail to two of their co-accused and the other two co-accused have been granted bail by the High Court and since their case is on similar footing, therefore, they may also be granted bail.

Having heard the counsels for parties and upon perusal of the records, the Court noted that initially, an FIR in the alleged Racket was lodged against three accused persons and some unknown persons and none of the 4 appellants were named in the same.

The Court further noted that upon conclusion of the investigation, a police report in the form of a charge sheet has been filed before the competent court, whereupon the cognizance has been taken and charges have been framed against the appellant as well as other co-accused persons and the case is proceeding for trial.

In view of this and the fact that their co-accused have already been granted bail by the Top Court as well as the High Court, therefore, the Court allowed their pleas.

However, the Court has further provided that in the event of the appellants found engaging themselves in promoting any anti-social activities or misusing the liberty of bail or repeating any offence as alleged, it shall be open to the State to file an application for cancellation of bail. Besides the above, the Court has also directed them to not visit the State of U.P. till the pendency of the proceedings except for attending the trial. 

Case title - Dheeraj Govind Rao Jagtap vs. The State Of U.P., Thru. Ats, Gomti Nagar, Lko. along with other pleas 2023 LiveLaw (AB) 229 [CRIMINAL APPEAL No. - 988 of 2023]

Case Citation: 2023 LiveLaw (AB) 229

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