The Allahabad High Court has granted anticipatory bail to one Mohd. Chand, who is accused of offering Namaz inside the premises of the Nand Baba temple in Mathura (Uttar Pradesh). The Single Bench of Justice Siddhartha while placing reliance on the decision laid down by the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 has held that,
“Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail.”
The present anticipatory bail application has been filed by the applicant with a prayer to release him on bail in a case registered against him under Sections 153-A, 295, 505, 419, 420, 467, 468, 471 IPC, Police Station Barsana, District- Mathura, during pendency of trial.
There is allegation against the applicant that he along with co-accused, Faisal Khan, have performed Namaz inside the temple without consent of priest and its photographs were made it viral. The counsel on behalf of applicant has submitted that applicant has been falsely implicated in this case.
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. He 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.
It has also pointed out by the counsel on behalf of applicant before the court that Co-accused, Faisal Khan, was arrested and enlarged on bail by this Court. The counsel on behalf of respondent has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail.
The court has granted anticipatory bail to the applicant on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the provided conditions in its order.
Case details:
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Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 36 of 2021
Applicant :- Mohd. Chand @ Chand Mohammad
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ali Qambar Zaidi
Counsel for Opposite Party :- G.A.
Bench: Justice Siddharth
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