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The Allahabad High Court recently granted bail to a person who was accused of attempting to propagate the concept of “Islamic State" in India.

Placing importance on the reformative theory of punishment, and larger mandate of Article 21 of the Constitution of India, Justice Vivek Kumar Singh of the Allahabad High Court observed,

“Having heard the submissions of the learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.”

The Court was hearing a plea seeking bail for a person who was accused of trying to create “Islamic State” in Maharashtra.

Applying for bail, the petitioner contended that the applicant has never conducted any training camp in any place including Maharashtra and further submitted that he has never kept any document, literature or CD to propagate the concept of Islamic State or to instigate the persons to indulge in any anti-national activity.

Whatever controversial material was recovered from the custody of the applicant, was planted by the police, the petitioner further contended.

Further, it was submitted that the applicant is languishing in jail since March 14, 2021 and that he had no previous criminal records.

This bail application was vehemently opposed by the State government.

The Court, after considering the arguments, also considered the issue of overcrowding in jails.

On these grounds, the Court allowed the bail application of the petitioner subject to conditions including that he will attend and co-operate the trial proceedings, he will not tamper with the witnesses and he will not indulge in any illegal activities during the bail period.

Court said that breach of any of the conditions will lead to cancellation of the bail. Court said, “in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.”

Case Name: Mohammad Rashid Khan vs State of U.P.

Access Copy of Judgment Here