Jharkhand HC Grants Pre-Arrest Bail To Mosque-Coordinators Accused Of Providing Shelter To Tablighi Jamaat Members Without Informing Administration [Read Order]

The Bench of Justice Anil Kumar Choudhary was hearing the plea of two petitioners (mosque-coordinators) who were apprehending their arrest in connection with Sadar P.S. case no. 44 of 2020 registered under Sections 107, 269, 270 read with section 34 of the Indian Penal Code, section 14(b), 14(c) of the Foreigner's Act, 1946.

The counsel appearing for the petitioners submitted before the Court that the allegation against the petitioners is that the petitioners are the coordinators of the mosque at Sakchi, Jamshedpur, which is the headquarter for the State of Jharkhand of Tablighi Jamaat and the petitioners did not inform the administration about the accommodation of seven foreigners who visited India on tourist visa and two Indians coordinators accompanying them.

It was also submitted by the counsel that the said foreigners were Tablighi Jamaat members, who stayed at the mosque at Chaibsa and conducted activities of Tablighi Jamaat at Chaibasa also, in the organization of which the petitioners were involved.

Also, it was argued that the allegations against the petitioners are all false and the petitioners are the old persons and the local police as well as Intelligence Bureau was aware of the movement of the foreigners even before they came to the mosque at Jamshedpur.

Lastly, it was submitted that the petitioners are ready to cooperate with the investigation of the case and co-accused with similar allegations have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 31.08.2020 passed in ABA no. 2427 of 2020, hence, the petitioners be given the privilege of anticipatory bail.

The Addl. PP appearing for the State opposed the prayer for anticipatory bail of the petitioners.

However, the Court said,

"Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners." (emphasis supplied)

The Court further directed that in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Chaibasa in connection with Sadar P.S. case no. 44 of 2020 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit the mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C