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2023 DIGILAW 256 (SC)

Irfan Khan @ Irfan Shaikh v. State of Uttar Pradesh

2023-02-22

ANIRUDDHA BOSE, SUDHANSHU DHULIA

body2023
ORDER 1. Leave granted. 2. The appellant has come up before this Court against rejection of his bail plea in an appeal instituted by him under the provisions of Section 21(4) of the National Investigation Agency Act, 2008. Before the High Court, the appellant had questioned the legality of an order of the Special Judge, N.I.A./A.T.S./ Additional District & Sessions Judge, Court No. 3, Lucknow refusing his prayer for bail. 3. Allegations against the appellant relate to carrying out certain activities which according to the prosecution are anti national. Charges have been framed against the appellant under Sections 120B, 121A, 123, 153A, 153A, 153B, 295A, 298, 417 Indian Penal Code and Section 3/5/8 of the U.P. Prohibition of Unlawful Conversion of Religion Ordinance (Act), 2021. 4. The allegation against the appellant is that he was an interpreter in the conversion process of persons suffering from hearing and speech impairment, and according to the prosecution such conversion is prohibited under the law. The appellant is in custody for One year and Seven months. Trial has commenced. 5. But having regard to the role attributed to the appellant by the prosecution in the commission of the alleged offences, we do not think further detention of the appellant pending trial is necessary. We, accordingly, set aside the impugned order and direct that the appellant shall be released by the said Court on such terms and conditions the said Court may impose. 6. We are also of the view that one of the conditions which ought to be imposed by the said Court is that the appellant, till conclusion of the trial, shall not enter the State of Uttar Pradesh for any reason whatsoever without leave of the concerned Court except for attending trial. In the event the appellant cannot furnish local surety, the concerned Court shall accept as sureties persons residing outside the State of U.P. to the satisfaction of the said Court. 7. The present appeal is allowed in the above terms. 8. Pending application(s), if any, shall stand disposed of.