Allahabad High Court: The Division Bench of Brij Raj Singh and Ramesh Sinha, JJ. dismissed a criminal appeal which was filed under Section 21 (4) of the National Investigation Agency Act, 2008 of refusal of bail to the appellant.
The S.I. had furnished an information to A.T.S. that some anti-national/anti-social elements and religious organizations, on the dictate of ISI and foreign organizations, have indulged in getting the peoples converted in Islam by getting funds from foreign countries for this purpose. Such anti-national/anti-social elements have targeted the people by creating and promoting rumor about other religion by giving hatred speech, by insulting the religion and religious feelings of a class of citizens with deliberate and malicious intention. It also alleged that such anti-social and anti national have targeted the peoples of weaker sections of the society, children, women and people belonging to Scheduled Caste and Scheduled Tribes etc. During interrogation it came out that accused, who is a converted Muslim, was involved in getting the citizen of another religion converted to Muslim religion on large scale and about 1000 non-muslims have been converted and married with muslims, it also came out that accused and his associates are running an organization, namely, Islamic Dawa Centre for the said purpose of conversion and huge fund is being provided to Islamic Dawa Centre from different sources including foreign countries. It also came out that students of deaf and dumb school, namely, NOIDA Deaf Society have been converted in illegal manner by practicing misrepresentation, allurement and fraudulent means.
Counsel for appellant argued that appellant is not the member of any association nor involved in any crime and he had been falsely been roped in the crime in question without any evidence.
The Court after considering the facts and circumstances of the case, particularly the fact that the Investigating Officer, after due investigation, has found cogent and clinching evidence against the appellant that with the connivance of co-accused, appellant was involved in anti-national activities of conversation by misusing his official position while working in Sign Language Training and Research Centre, New Delhi as Interpreter found that there were no good grounds to grant bail to the appellant.
The criminal appeal was dismissed.[Irfan Shaikh v. State Of U.P., 2022 SCC OnLine All 195, decided on 25-03-2022]
Counsel for Appellant :- Furkan Pathan, Aarif Ali, O.P. Tiwari
Counsel for Respondent :- Mr S.N. Tilhari, G.A