The Allahabad High Court has granted pre-arrest bail to Mohd. Chand, who was arrested along with Peace Activist Faisal Khan for offering Namaz inside the premises of the Nand Baba temple in Mathura, Uttar Pradesh.
A single bench of Justice Siddharth passed this order while hearing a Criminal Misc. Anticipatory Bail Application filed by Mohd. Chand.
The anticipatory bail application has been filed on behalf of the applicant, Mohd. Chand with a prayer to release him on bail in Case under Sections 153-A, 295, 505, 419, 420, 467, 468, 471 IPC, Police Station Barsana, District- Mathura, during pendency of trial.
There is allegation against the applicant that he along with co-accused, Faisal Khan, have performed Namaz inside the temple without consent of priest and its photographs were made it viral.
The news was shown on the television. Thereafter an FIR has been lodged on the allegation that this act of the applicant and co-accused shows disrespect for the religious feeling of other community and there is possibility of deterioration in the communal harmony. It is also suspected that the applicants are receiving foreign funds.
The Advocate for the applicant has submitted that co-accused, Faisal Khan, is a renowned social activist who has revived Khudai Khidmatgar movement of India and is working for maintaining communal harmony for the last 25 years and the Applicant is his companion.
It was further stated that in this connection, he undertook yatra for visiting temples where he was offered prasad and lunch by Chief Priest of the temple and he also bestowed blessings on him as clear from photographs in dispute.
The Counsel has stated that applicant has been falsely implicated in this case. Only on the basis of photographs which went viral the applicant cannot be said to have intention to disturb the communal harmony of the society. He did not entered into the sanctum sanctorum of the temple rather he performed Namaz outside of the temple with the permission of the priest of the temple as clear from the viral photographs.
It was informed to the Court that the co-accused, Faisal Khan, was arrested and enlarged on bail by this Court. The applicant also expressed his apprehension that he may be arrested by the police any time.
The AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
“The Courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights.”
the Court said.
Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he was directed to be enlarged on anticipatory bail, the Court orders.
The Court stated that in the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial Court concerned.
The post Allahabad HC grants bail to Peace Activist Faisal Khan arrested for offering Namaz inside Nand Baba temple in Mathura appeared first on India Legal.
This is dummy text. It is not meant to be read. Accordingly, it is difficult to figure out when to end it. But then, this is dummy text. It is not meant to be read. Period.
Please don't enter any spam link in comment box ConversionConversion EmoticonEmoticon