The Allahabad High Court has granted bail to Fisal Khan who was arrested by Mathura Police for offering Namaz inside the Nand Baba Temple in Mathura without the permission of priest.
“Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail.
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The above direction has passed by the single Bench of Justice Siddhartha while allowing the bail application filed by Faisal Khan, with a prayer to release him on bail in connection of case registered against him under Sections 153- A, 295, 505, 419, 420, 467, 468, 471 IPC, in Police Station Barsana, District- Mathura during pendency of trial.
The allegation against the applicant is that the applicant along with co-accused, Chand Mohammad have performed Namaz inside the temple without consent of priest and its photographs were made it viral. This act of the applicant and co-accused shows disrespect for the religious feeling of other community and there is possibility of deterioration in the communal harmony.
The counsel on behalf of applicant has submitted before the court that only on the basis of photographs which went viral the applicant cannot be said to have intention to disturb the communal harmony of the society. It was further argued that the applicant did not entered into the sanctum sanctorum of the temple rather he performed Namaz outside of the temple with the permission of the priest of the temple as clear from the viral photographs.
The court has granted bail to applicant on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the conditions prescribed by the court with a direction to applicant that he will not use social media for any such purposes till the conclusion of trial.
Case details:
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47754 of 2020
Applicant :- Faisal Khan
Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Qambar Zaidi
Counsel for Opposite Party :- G.A.
Judge: Justice Siddhartha
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