[Tablighi Jamaat] Allahabad High Court Grants Bail To 9 Thailand Nationals [Read Order]

The Bench of Justice Siddharth was hearing the bail application filed on behalf of the applicants, Hasae and 8 others with a prayer to release them on bail in Case Crime No. 198 of 2020 under Sections 188, 269, 270, 271 I.P.C., Section 3 of Pandemic Act, 1897 and Section 14-B, Foreigner Act 1946.

Allegations against Thai Nationals

The allegation against the applicants is that they are residents of Thailand and had come to attend Markaz at Nizamuddin, New Delhi.

Thereafter, they went to Shahjahanpur and their host did not gave information on their arrival to Shahjahanpur to the District Magistrate and therefore, they have been implicated in this case.

The counsel for the applicants submitted before the Court that all the offences alleged against the applicants are bailable except Section 14-B of Foreigner Act, 1946.

It was contended that the applicants have been implicated on account of fault committed by Masiullah etc., who are residents of the country and were required to inform the District Magistrate about their presence in Shahjahanpur.

Court's order

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court directed,

"Let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned"

It may be noted that the Allahabad High Court on 30^th September directed that the cases pending against the members of Tablighi Jamaat in Kanpur, Gorakhpur, Prayagraj, Varanasi and Lucknow Zones be transferred to Chief Judicial Magistrate, Lucknow.

Likewise cases pending in Agra and Meerut Zones be transferred to Chief Judicial Magistrate, Meerut. Lastly, the cases pending in Bareilly Zone be transferred to Chief Judicial Magistrate, Bareilly.

Notably, the Allahabad High Court had granted interim bail to six citizens of Bangladesh, accused of violating their visa condition by attending the Tablighi Jamaat congregation at Nizamuddin in New Delhi in the month of March and then going to Lucknow without medical examination amidst the serious apprehension of spreading coronavirus during the lockdown.