Allahabad High Court has granted bail to one, Mohammad Rasid Khan, accused of “propagating the concept of Islamic State” and provoking people to engage in violence and anti-national activities. A Single Judge Justice Vivek Kumar Singh granted bail to Khan considering the reformative theory of punishment, the nature of supporting evidence, and the larger mandate under Article 21 of the Constitution of India.
Factual Background
Khan was charged under Section 121-A, 420,467, 471, and 120B of the Indian Penal Code.
Case of the Accused
The counsel of the accused submitted that Khan was framed in a false case and he never conducted any training camp in any place or kept any document, literature or CD to propagate the concept of Islamic State and provoked the concept of Islamic State and instigate the person to indulge in violence or any anti-national activity.
It was further contended that the controversial material alleged to have been recovered from the custody of the applicant has been purposely arranged by the police itself to make out a case.
Observation of the Court
The Court noted the “overcrowding of jails” during the Covid-19 pandemic and the material placed on record before proceeding to grant bail to the accused. The Court eventually granted bail to the accused with a condition of furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.
Case Details
Before: Allahabad High Court
Case Title: Mohammad Rashid Khan v. the State of UP
Coram: Hon’ble Mr. Justice Vivek Kumar Singh
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