Allahabad HC Grants Bail To 16 Foreign Members Of Tablighi Jamaat [Read Order]

The bench of Justice Saurabh Shyam Shamshery allowed their (two separate) bail pleas noting that the police has already submitted a charge sheet in the matter.

The applicants, seven Indonesian residents and nine Thailand residents, were booked under Sections 188, 269, 270, 271 of IPC, Section 3 of the Epidemic Act, 1897 and Section 14(b) of the Foreigners Act, 1946, by the local Police. They had been in jail since April 21, 2020.

They had pleaded that they had been 'falsely implicated' in the present case and that they did not violate any provision of law including the Foreigners Act. It was contended that they came to India on valid passport and visa and that there is no fault in their documents.

The Court allowed their applications, without expressing any opinion on merit of the case, on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.

"Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and subject to the pandemic protocol, validity of visa and passport of the accused-applicants, without expressing any opinion on merit of the case, this Court is of the view that the applicants may be enlarged on bail," the order states.

The Applicants had submitted that they have no previous criminal history and that there is no possibility of their fleeing away from the judicial process or tampering with the witnesses.

Previously, the High Court had allowed bail pleas of six members of Tablighi Jamaat, who happened to be citizens of Kyrgyzstan. The High Court had observed in that order,

"The law does not permit any differentiation between Indian nationals and foreign citizens in the matter relating to grant of bail. What is permissible while considering the facts and circumstances of each case, the Court can impose different conditions which may be necessary to ensure that the accused is made available for facing the trial and an application for bail cannot be rejected solely on the ground the applicants are foreign nationals."

Click Here To Download Order [For Indonesian Citizens]

Click Here To Download Order [For Thailand Citizens]