Dismissed

Rahul Bhola @ Rahul Ahmad v. State of U.P. Thru. Ats, Gomti Nagar, Lucknow

Allahabad HC16 Dec 2022/2469/2022

Case brief

AI extract

What is this about?

Criminal Appeal against refusal of bail dismissed. The court held that cogent evidence established the appellant's involvement in unlawful religious conversion as a subordinate agent, posing a threat to national integration, and denied bail.

What did the court decide?

Bail application dismissed; appeal against order of refusal of bail dismissed.

Rahul Bhola @ Rahul Ahmad Vs State of U.P. Thru. Ats… — Bail and Remand | Allahabad HC (2022)

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Reserved on 09.12.2022 Delivered on 16.12.2022

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Court No. - 1

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Case :- CRIMINAL APPEAL No. - 2469 of 2022

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Appellant :- Rahul Bhola @ Rahul Ahmad Respondent :- State Of U.P. Thru. Ats, Gomti Nagar, Lucknow Counsel for Appellant :- Pranshul Tripathi,Ishan Baghel,Shourya Parmar,Veena Vijayan Rajes Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.

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(1) The instant Criminal Appeal has been filed by the appellantRahul Bhola @ Rahul Ahmad, under Section 21 (4) of the National Investigation Agency Act, 2008 [here-in-after referred to as ‘Act of 2008’], challenging the order dated 12.11.2021 of refusal of bail to the appellant by the learned Special Judge, NIA/ATS/Additional District & Sessions Judge, Court No.3, Lucknow in Bail Application No. 7175 of 2021, Rahul Bhola Vs. State of U.P. through ATS .

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(2) Brief facts of the case are that an F.I.R. was lodged as Case Crime No. 9/2021 on 20.06.2021 at 11.35 hours at Police Station ATS Gomti Nagar, District Lucknow for offences under Sections 420, 120-B, 153-A, 153-B, 295-A, 511 IPC and 3/5 U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 [here-in-after referred to as ‘Act of 2021’] against Mohd. Umar Gautam, Mufti Qazi Jahangir Qasmi, Chairman of Islamic Dawah Centre (IDC) and unknown persons.

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(3) The allegations against the appellant are that he was involved in promoting enmity between different groups of religion and disturbing the sovereignty and integrity of India by influencing the non-Muslim sects to convert and to embrace Islam. The coaccused Mohd. Umar Gautam procured the funds from different donors into his organization to achieve the said objective. It is

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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 the co-accusedMohd.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 accusedMohd. 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 illegal 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 her son was forcibly converted and was taken to a place in southern part of India.

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(4) During the investigation of the present case, it was found that the 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 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 which an FIR No.473 of 2021 was lodged against the appellant on 03.06.2021 as has been referred to above.

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(5) During the course of investigation, Sections 121-A, 123, 417, 298 IPC and Section 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 were added, while Sections 420 and 511 IPC were omitted by the Investigating Agency.

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(6) After investigation, the ATS has submitted first charge chargesheet on 13.08.2021 under Sections 120-B, 153-A, 153-B, 295A, 417, 298 IPC and Sections 3, 5, 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against the appellant and co-accused Salahuddin Jainuddin Sheikh, Mohd. Umar Gautam, Mufti Qazi Jahangir Qazmi, Mannu Yadav alias Abdul Mannan, Irfan Shaikh @ Irfan Khan, whereas second supplementary charge sheet was filed on 17.09.2021 under Sections 120-B read with Sections 153-A, 153-B, 295-A, 417, 298, 121-A and 123 IPC and Sections 3, 5, 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against Mohd. Umar Gautam, Salahaduddin, Mufti Qazi Jahangir Qazmi, and Irfan Shaikh @ Irfan Khan and in the said charge sheet, offences under Sections 121-A and 123 IPC have been added against the aforesaid accused.

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(7) The appellant thereafter moved a bail application before the Special Court, NIA/ATS, Lucknow and the same was dismissed by the impugned order dated 05.05.2022 and being aggrieved by the same, the applicant has preferred the present Appeal under Section 21 (4) of Act of 2008.

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(8) Pleadings have been exchanged between the parties.

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(9) Heard Shri I. B. Singh, learned Senior Advocate assisted by Sri Ishan Baghel, learned Counsel for the appellant and Shri S.N. Tilhari, learned Additional Government Advocate for the Staterespondent and perused the material brought on record.

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(10) It has been argued by learned counsel for appellant that the applicant-appellant is not named in the F.I.R. and he is hundred percent suffering from the disability of deaf and dumb. A copy of the disability certificate has been annexed as Annexure No.1 to the affidavit filed in support of first bail application. He had married a deaf and dumb lady and he is having a minor daughter. The applicant and his wife both have converted to Islam with their own sweet will and there is no evidence against him to connect with the present crime. He submitted that on the basis of statement of co-accused and the witnesses, the appellant has been made an accused in the present case and first charge sheet has been filed against him on 13.08.2021 by the Anti-Terrorism Squad (ATS) before the competent Court. He argued that the applicant himself is a victim of the case and the Anti-Terrorism Squad has falsely roped him in the present case and he is in jail since 06.07.2021. He further submitted that from the entire charge sheet and the statement of witnesses recorded under Section 161 Cr.P.C. it is evident that the applicant was working under the instructions of the co-accused persons without having any knowledge of their modus operandi. If the charge sheet No.4 is taken at its face value, the appellant and other co-accused have been shown at third level and the role and involvement is working as Multi-Level Marketing Agent only on the instructions of the co-accused, namely, Mohd. Umar Gautam.

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(11) Learned Counsel for the appellant has further submitted that as per Section 8 of Act of 2021, all applications which have been made by the persons of other religions were prior to the enforcement of Act of 2021, hence no offence under Section 8 of Act of 2021 is made out against the appellant as the said Act came into force with effect from 27.11.2021 and all the

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incidents alleged against the appellants are prior to that, which is apparent from the record.

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(12) Learned Counsel for the appellant further has relied upon various judgments of the Apex Court with respect to grant of bail and further, no offence, whatsoever, is disclosed against the appellant for the offences in question. Further, it is submitted that the appellant is in jail since 06.07.2021, hence he may be released on bail as the trial is not likely to conclude in the near future.

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(13) Per contra, learned Additional Government Advocate, on the other hand, has vehemently opposed the prayer for bail and has submitted that the appellant has indulged in unlawful conversion of non-Muslims to Islam with the co-accused person, Mohd. Umar Gautam who was running a syndicate alongwith other accused persons in the name of Islamic Dawah Centre (IDC) and huge fund is being provided to Islamic Dawah Centre (IDC) from different sources including foreign countries and the co-accused/Mohd. Umar Gautam had converted large number of non-Muslim persons to Islam and had got them married with Muslims and in this regard, he had referred to an FIR which has been registered as Case Crime No. 473 of 2021 on 03.06.2021 under Sections 419, 420, 295-A/505/506 IPC at Police Station Masuri, District Ghaziabad against one Vipul Vijay Vargiya and Kasif. He pointed out that the present F.I.R. was registered against the appellant alongwith two other co-accused and unknown persons on 20.06.2021 on the information received by the Anti-Terrorim Squad, U.P. that the 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

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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 illwill 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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(14) He further submitted that the applicant was assisting the coaccused Irfan Shaikh @ Irfan Khan who was a Teacher in the Noida Deaf Society and was converting the deaf and dumb students in Sign Language in illegal manner by practicing misrepresentation, allurement and fraudulent means and with the assistance of the co-accused/Irfan Shaikh @ Irfan Khan and Mohd. Umar Gautam, documents were being prepared and the co-accused Irfan Shaikh @ Irfan Khan while preparing the documents of deaf and dumb students represented himself to be an authorized person appointed by the Central Government for the said work. He further submitted that as per the statement of the witness Rooma Roka recorded under Section 161 Cr.P.C., during the period 2010-15, the appellant used to teach different courses in Noida Deaf Society, but Aditya Gupta who was a student of Noida Deaf Society and was a deaf and dumb boy had stated in the statement recorded under Section 164 Cr.P.C. that the appellant and co-accused together worked for unlawful conversion of the students in the said Noida Deaf Society by misrepresentation, allurement and also prepared documents

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regarding unlawful conversion through Islamic Dawah Center (IDC). In addition to the said fact, a witness, namely, Mohd. Shabba in a statement under Section 161 Cr.P.C. stated that the appellant had got married and further he forced him for conversion to Islam alongwith co-accused persons Irfan Shaikh @ Irfan Khan, Mufti Qazi Jahangir Qazmi, Abdullah Umar and Mohd. Umar Gautam who got the papers of conversion prepared. The appellant used to convert the students of Noida Deaf Society by the Organization in the name of Islam Dawah Center (IDC) run by Mohd. Umar Gautam through Sign Language by giving allurement, misrepresentation and hatredness towards other religions. He urged that if the appellant is released on bail there is every likelihood that he would further indulge in such activities which would endanger the national integration of the country.

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(15) Learned Additional Government Advocate has further submitted that the trial is in progress and the appellant has also moved a discharge application which has been rejected and the charge is to be framed against the appellant and co-accused persons. He urged that if the appellant is released on bail there is every likelihood that he would further indulge in such activities which would endanger the national integration of the country.

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(16) We have examined the submissions advanced by the learned Counsel for the parties, perused the impugned order and the material brought on record.

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(17) Prima facie, i t transpires from the material collected during investigation that the appellant who himself was a deaf and dumb person had converted to Islam and he used to assist the co-accused Mohd. Umar Gautam who was running an Organization in the name of Islam Dawah Center (IDC) for unlawful conversion of people from another religion to Islam

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by using Sign Language and in this regard, the statement of Aditya Gupta, Mohit @ Moin, Dipanshu, Tushar, Navin @ Naved, Mohd. Shabba under Section 161 Cr.P.C. and also of accused Mannu Yadav and accused Rahul Bhola @ Rahul Ahmad, the appellant has also associated the co-accused/Irfan Khan who was working as an Interpretor in Indian Sign Language Training and Research Centre, Okhla, New Delhi had indulged in unlawful conversion of students and other persons by posing him that he was appointed by the Central Government for the said purpose as after due investigation, cogent and clinching evidence has been found against the appellant in connivance with the co-accused/Umar Gautam and other accused.

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(18) It also transpires that charge sheet No.4 narrates the role and job of the accused persons including appellant for committing the offences in question. According to flow chart described in the charge sheet, there appears to be three levels of functioning and the role of accused including the appellant involved in the process of alleged conversion which is evident from the chart described hereunder:-

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Central Level

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Name of the accused	Role and involvement
(1)Umar Gautam	To make road map according to
(2)Maulana Kaleem Siddiqui (3) Salahuddin Sheikh	the ideology and to provide man, material, money and ideological support in its enforcement.

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Second Level

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Name of the accused	Role and involvement
(1) Prasad Rameshwaram Kaware	Working at Satellite Center Of
@Adam	Syndicate, In which through a
(2)Irfan Shekh	organic system different roles has been assigned to target for
(3)Faraz Babuullah Shah	conversion. Publishing the
(4)Kausar Alam	literature (Electronic Books/

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(5)DheerajGovind Rao Jagtap	Pamplets) for the purpose of
(6) Dr. Arsalan @ Bhupriya Bando (7) Mufti Kazi Jahangir Alam Kasmi	conversion, Illegal conversion and prepare the documents of the illegal conversion, To rehabilitate after the illegal conversion.
(8)Abdullah Umar
(9)Mhd. IdireesQureshi
(10) Sarfaraz Ali Zafri

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Third Level

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Name of the accused	Role and involvement
(1) Rahul Bhola @ Rahul Ahmad (2) Mannu Yadav (3)Kunal @ Atif	Working as Multi-Level Marketing Agent only on the direction of the accused of the first and second stage without having the knowledge and
(4) Hazi Saleem	Modus Operandi.

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(19) Thus, keeping in mind the act and conduct of the appellant, it cannot be said that he is an innocent, but on the other hand, the evidence collected during of course of Investigation by AntiTerrorist Squad (ATS), charge sheet submitted against the appellant and from perusal of charge sheet No.4 referred in para No.18, there were three levels/stages in which the accused persons were involved in the crime in question which is an organized crime and the appellant was working at the MultiLevel Marketing which was the third level reflects that he was 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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(20) Accordingly, while affirming the impugned order dated 12.11.2021, the instant Criminal Appeal of the appellant-Rahul Bhola @ Rahul Ahmad, involved in Case Crime No.9/2021, under Sections 120B, 121A, 123, 153A, 153B, 295A, 298, 417 I.P.C. and Section 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Ordinance, (Act), 2021, P.S. ATS U.P., District Lucknow, is dismissed .

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(21) It is relevant to mention here that the bail of the co-accused person/Irfan Shaikh @ Irfan Khan has been rejected earlier by a Co-ordinate Bench of this Court in Criminal Appeal No. 38 of 2022 vide order dated 25.03.2022 and also of the co-accused persons, Sallahuddin in Criminal Appeal No. 1925 of 2022, Abdullah Umar in Criminal Appeal No. 1739 of 2022, Mohd. Umar Gautam in Criminal Appeal No. 1926 of 2022 and Mohammad Salim in Criminal Appeal No. 2338 of 2022 have been rejected by this Court today under Section 21 (4) of 2008 of Act which are connected with the present appeal.

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(22) Considering the facts and circumstances of the case, the Trial Court concerned is directed to proceed with the trial and conclude the same expeditiously, preferably, within one year, from the date of receipt of a certified copy of this order.

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(23) Learned counsel for the parties are directed to place a copy of the order before the Trial Court concerned for information and necessary compliance.

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[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.]

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Order Date :- 16.12.2022 lakshman

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Digitally signed by LAKSHMANA KUMAR TAMMANA Date: 2022.12.16 17:23:00 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Rahul Bhola @ Rahul Ahmad v. State of U.P. Thru. Ats, Gomti Nagar, Lucknow

Case brief

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Rahul Bhola @ Rahul Ahmad v. State of U.P. Thru. Ats, Gomti Nagar, Lucknow

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