Allahabad High Court denies bail to man accused of Lashkar ties, weapons acquisition through WhatsApp

The Allahabad High Court last week rejected the bail application of a man accused of being linked to the terrorist Lashkar group and spreading hatred, promoting anti-India feelings and facilitating the acquisition of weapons through WhatsApp groups [Inamul Haq Alias v State of UP]..The man was arrested by the Anti-Terrorist Squad (ATS) of the Uttar Pradesh Police last year. Following his arrest, he moved a bail application, which was rejected by Justice Pankaj Bhatia.The judge bail cannot be granted in view of the gravity of the allegations leveled against the accused. The Court observed that while Article 19 of the Constitution guarantees the right to practice and propagate religion, in this case, the accused may be liable under the second part of Section 121A (conspiracy to commit offence of waging war or attempting to wage war against India) of the Indian Penal Code (IPC)..The accused was booked under Sections 121A and153A (promoting enmity between different groups) of the IPC and Section 66 Information Technology Act.The FIR alleged that the accused was involved in creating a WhatsApp group that disseminated content that could be termed "jihadi literature." It was alleged that he was the administrator of the group and used to upload jihadi videos. He also allegedly confessed that he became a "jihadi" and acknowledged his affiliation with the Lashkar group.The accused is further stated to have revealed that he had been operating a WhatsApp group for approximately 15-16 years and that the said group comprised 181 members, including 170 members from Pakistan, 3 from Afghanistan, and 1 each from Malaysia and Bangladesh, along with 6 members from India..The counsel for the accused argued that prima facie, no offence to implicate the accused under Section 121A IPC could be made out.He further argued that the accused has been in custody since March 14, 2022, and that the alleged offences were punishable for a term of five years. The State counsel opposed the bail plea by highlighting various allegations levelled against the accused in the FIR..The Court observed that the WhatsApp group was comprised mainly of foreign citizens and that the said group allegedly promoted religious prejudices and the acquisition of arms. Given the seriousness of these allegations, the Court found no basis for granting bail and rejected the plea..[Read Order]