Allahabad High Court granted bail to the three after noting that they have been in jail since September 27, 2022 and their trial has not commenced yet
Team Clarion
NEW DELHI – The Allahabad High Court has granted bail to three members of the Popular Front of India (PFI) who were arrested in September 2022 by the Uttar Pradesh Special Task Force (STF) on the allegations of planning to infiltrate the Rashtriya Swayamsevak Sangh (RSS).
Justice Karunesh Singh Pawar granted bail to Sufiyan, Mohd. Faizan, and Mohd. Rehan after noting that they have been in jail since September 27, 2022. However, to date, the trial in the case against them has yet to commence, a LiveLaw.in report said on Saturday.
The prosecution has alleged that the STF received information about the PFI members inciting Muslims to kill Hindus, advocating for an Islamic state in India, spreading religious hatred, aggravating religious disharmony agenda and reconstructing Babri Masjid in Ayodhya, etc.
On September 27, 2022, based on information from an informer, the UP STF arrested the three:
Mohd. Faizan was found with a mobile phone, an Urdu book, documents promoting an Islamic state in India by 2047, instructions for making IEDs, and photos of Babri Masjid and riots. Mohd. Rehan also possessed similar documents and identification cards.
Sufiyan was arrested with documents similar to the others, a mobile phone containing provocative WhatsApp messages, and a motorcycle without papers. He allegedly admitted to PFI membership and its mission to incite Muslims, disrupt national unity, and promote an Islamic state by 2047 through violent means and distribution of inflammatory literature.
It was also alleged that they held an object and established a cell to intrude into Hindu organisations and RSS to receive sensitive information.
All the accused were booked under Sections 121-A, 153-A, and 295-A of the IPC.
Seeking bail in the case, the counsel for applicants submitted before the high court that mere recovery of pamphlets with objectionable content against the State is insufficient to invoke Section 121-A IPC.
It was also argued that for the other offenses under Sections 153- A and 295-A IPC, the maximum sentence is up to three years, and the applicants have already been languishing in jail for the last year and eight months; thus, they have been incarcerated enough.
Lastly, it was contended that the applicants have no previous criminal history. The charge sheet in the case has been filed; however, to date, the trial has not commenced.
