Criminal Appeal filed against bail refusal. The Court examined allegations of conspiracy, funding from foreign sources, and activities disturbing public order. Findings of guilt on prima facie evidence led to rejection of bail.
Dismissed the criminal appeal and refused to enlarge the appellant on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved on 09.12.2022 Delivered on 16.12.2022
Court No. - 1
Case :- CRIMINAL APPEAL No. - 1739 of 2022
Appellant :- Abdullah Umar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Appellant :- Prasoon Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
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Mohd. Umar Gautam procured the funds from different donors into his organization to achieve the said objective. It is further averred in the FIR that on the information received through FIR/Case Crime No. 473 of 2021 which was registered under Sections 419, 420, 506 IPC at Police Station Masuri, District Ghaziabad, it came into light that co-accused/Mohd.Umar Gautam, who is a converted Muslim, is involved in getting the people of another religion converted into Islam on large scale and about 1000 non-Muslims have been converted and married with Muslims. Further, it is stated that the co-accused Mohd. Umar Gautam and his associates are running an organization, namely, Islamic Dawah Centre (IDC) for the said purpose of conversion and huge fund is being provided to Islamic Dawah Centre (IDC) from different sources including foreign countries. It also came into picture that the students of Deaf and Dumb School, namely, NOIDA Deaf Society, have been converted in unlawful manner by practicing misrepresentation, allurement and fraudulent means. On enquiry, it was found that a Case Crime No. 247 of 2021 was registered under Section 364 IPC for kidnapping of one Aditya Gupta by his mother, who states that his son was forcibly converted and was taken to a place in southern part of India.
(4) During the investigation of the present case, it was found that the co-accused/Mohd. Umar Gautam had created a gang for the aforesaid aim and object and Irfan Shaikh @ Irfan Khan, who was working as an Interpreter in Sign Language Training and Research Centre, New Delhi, was a vital link of this syndicate as it transpires from FIR of Case Crime No. 9 of 2021 that the father of the appellant was involved in the incident which took place on 02.06.2021 at Hindu Temple “Devi Mandir Dasna” situated at Masoori, district Ghaziabad wherein it was alleged that two Muslim boys entered the temple with an intention to harm the priest “Guru Yati Narshinhanand Saraswati Ji” for
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which an FIR No.473 of 2021 was lodged against the father of the appellant on 03.06.2021 as has been referred to above.
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of Unlawful Conversion of Religion Act, 2021 in the Court and prosecution sanction was granted against the appellant and 16 other co-accused persons by the competent authority of the State and the Special Judge has taken cognizance of the offences.
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anti-national/anti-social elements and religious organizations, on the direction of ISI and foreign organizations, are indulged in getting the people converted into Islam. They are getting funds from the foreign countries for this cause. They are targetting people by creating and promoting rumour about other religion by giving hatred speech, by insulting the religion and religious feelings of a class of citizens with deliberate and malicious intention. They are creating ill-will between different religious sections. To achieve their goal, they are converting and attempting to convert the citizens of one religion to other religion by practice of misrepresentation, force, undue influence, coercion, allurement and fraudulent means and by marriage. For this unlawful act, they are targetting the weaker sections of the Society, children, women and the people belonging to Scheduled Castes/Scheduled Tribes and their object and goal is to change the demography of country by converting the citizens from one religion to another religion and to disturb the peace and tranquility of society and to disturb the public order.
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Kotak Mahindra Bank (Account No. 0711131345). The statement of Bank Account would show the credit of Rs.10,97,978/- and debit of Rs.9,48,338/- during 11th May, 2011 to 28th May, 2021. Further, the appellant and his father both have received huge amount in their respective personal Bank Accounts for running the activities of Islamic Dawah Centre (IDC). The Bank details of HSBC Bank Account No. 52191467001 of accused-Mohd. Umar Gautam would reveal that total fund of Rs.2.16 crore has been credited in this account by different sources including foreign countries. Further, the other Bank Accounts of accused-Abdullah Umar would show the credit of about Rs.79.11 lakhs from different sources including foreign countries.
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material against the appellant for conspiring with his father Mohd. Umar Gautam and other co-accused persons who are running a syndicate for propagating the cause of an Organization in the name of Islamic Dawah Centre (IDC) which welcomes people to embrace Islam. The appellant who was also associated with the said Organization has actively participated for the said cause for converting the citizens from one religion to another religion and to disturb the peace and tranquility of society and to disturb the public order.
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was credited in the Bank accounts of the appellant from different sources including foreign countries which reflects that he was also carrying-on anti-national activities with the help of anti-social elements for achieving nefarious design which would weaken the social fabric of the country and developed and spread hatredness amongst the people of different religions which would disturb the public tranquility and public order. Considering the contention of the learned State Counsel that if the appellant is released on bail, there is every likelihood that he would again indulge in such activities, which would be prejudicial to the national integration of the country, also has substance, hence we do not find any good ground for enlarging the appellant on bail, which is accordingly refused.
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[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.]
Order Date :- 16.12.2022 lakshman
Digitally signed by LAKSHMANA KUMAR TAMMANA Date: 2022.12.16 17:11:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the appeals against the bail refusal order should be allowed considering the appellant's alleged conspiracy with foreign funds for religious conversion.
Whether the appellant is an innocent victim of false allegations or an active participant in the conspiracy.
Whether bail can be granted to prevent further disturbance of public order and national integration.
2 provisions across 2 enactments
Abdullah Umar
State Of U.P. Thru. Prin. Secy. Home, Lucknow
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
