Allahabad HC Rejects Bail For A Man Linked To Lashkar And Acquiring Weapons Via WhatsApp

The bail plea of a man accused of affiliations with the Lashkar terrorist group and engaging in activities that promote anti-India sentiments and the procurement of weapons via WhatsApp groups was denied by the Allahabad High Court recently [Inamul Haq Alias v State of UP].

Arrested by the Anti-Terrorist Squad (ATS) of the Uttar Pradesh Police in the past year, the accused filed for bail, which Justice Pankaj Bhatia refused. The court deemed that due to the gravity of the charges leveled against the accused, granting bail was inappropriate.

While acknowledging the right to practice and propagate religion under Article 19 of the Constitution, the court noted that in this case, the accused might fall under the second part of Section 121A (conspiracy to commit the offense of waging war or attempting to do so against India) of the Indian Penal Code (IPC).

The accused was charged under Sections 121A and 153A (promoting enmity between different groups) of the IPC and Section 66 of the Information Technology Act. The FIR asserted that the accused established a WhatsApp group that circulated content that could be classified as "jihadi literature."

Allegedly serving as the administrator of the group, the accused uploaded jihadi videos and reportedly confessed to affiliating with the Lashkar group.

He revealed that the WhatsApp group existed for around 15-16 years and had 181 members, including 170 from Pakistan, 3 from Afghanistan, and 1 each from Malaysia and Bangladesh, along with 6 members from India.

The accused's counsel contended that no clear offense under Section 121A IPC could be discerned. The counsel further highlighted the accused's detention since March 14, 2022, and the potential maximum sentence of five years for the alleged offenses.

The State's counsel countered the plea by underscoring the various allegations outlined in the FIR. The Court acknowledged that the WhatsApp group predominantly consisted of foreign nationals and purportedly propagated religious biases and arms acquisition.

In light of the serious allegations, the Court rejected the bail request due to the lack of a valid basis for granting it. 

Author: Anushka Taraniya

News Writer, MIT ADT University