"No Material To Connect Him With Al-Qaeda": Jharkhand High Court Grants Bail To Maulana, Who Was In Jail For More Than A Year Under UAPA Charges

The Bench of Justice Kailash Prasad Deo, in its order, observed,

"No material has been collected with regard to the involvement of the petitioner in any activities of Al-Qaeda outfit nor the Investigating Officer has collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities."

Interestingly, while granting him bail, the Court said,

"Considering the fact that the petitioner is a Maulana having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail."

Factual background

The petitioner prayed for grant of regular bail in connection with Bistupur P.S. Case No. 21/2016 for the offence registered under Sections 121, 121(A), 124(A), 120-B, 34 I.P.C. read with Sections 25 (1-B)a, 26, 35 of Arms Act, Sections 16, 17, 18, 18-B, 19, 20, 21, 23 of U.A.P.A. Act and Section 17 of C.L.A. Act.

As Per the allegations against the Petitioner, the co-accused Ahmed Masood Akram Sk and Abdul Rahman @ Katki met at the house of this petitioner at Sakchi Madarsa, and subsequently, the petitioner got some money from Gujarat for committing anti-national work as Jihadi.

The Counsel for the petitioner submitted that the petitioner is a Maulana and no material was collected during the investigation so as to prove guilt against the petitioner with regard to his involvement in anti-national activities.

The Counsel also submitted that the case of the petitioner is entirely different from that of other co-accused.

It was submitted that he has been made accused on the ground, that in his house, the meeting was held and also on the ground that money was received by the petitioner from Gujarat.

However, it was contended that no investigation was done with regard to the money sent to the petitioner for committing anti-national work nor.

It was also submitted that he went to Saudi Arabia thrice after taking permission from the Government for performing Hajj and subsidy have been taken from the Government too.

It was argued that no material had been brought on record that the petitioner ever met any extremists outfit in Saudi Arabia.

Lastly, it was submitted that the petitioner was arrested on 22.09.2019, as such, he may be enlarged on bail as petitioner has no criminal antecedent.

On the other hand, the Counsel for the State opposed the prayer for bail and submitted that the petitioner confessed his guilt that co-accused used to visit his house, where they used to meet and discuss the issues for expanding the network of Al-Qaeda.

Court's Order

The Court, in its order, noted that the case was not investigated by National Investigating Agency (NIA), rather it was investigated by the local police.

Further, the Court remarked,

"Investigating Officer has not collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities."

The Court further said,

"Considering the fact that the petitioner is a Maulana having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each in connection Bistupur P.S. Case No. 21/2016 corresponding to G.R. No. 246/2016 to the satisfaction of learned Chief Judicial Magistrate."

Case title - Maulana Kalimuddin Muzahiri v. The State of Jharkhand [B.A. No. 6730 of 2020]