Lucknow: The Lucknow Bench of the Allahabad High Court has granted bail to eight of sixteen appellants convicted by a Special NIA Court in the Uttar Pradesh ATS unlawful religious conversion case, while rejecting the bail applications of the other eight, including Mohd. Umar Gautam, Mufti Qazi Jhangeer Qasmi and Maulana Kaleem Siddiqui.
A Division Bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra decided the applications in Criminal Appeal No. 4008 of 2024 and 15 connected appeals, reserved on 27.10.2026 and pronounced on 04.11.2026. The appeals challenge the judgment of 11.09.2024 of the Special Judge, NIA, Lucknow, in four connected sessions trials arising out of Case Crime No. 09/2021 of PS ATS Gomtinagar, registered under Sections 120B, 153A, 153B, 295A, 417, 298, 121A and 123 IPC, the UP Prohibition of Unlawful Conversion of Religion Act, 2021 and the Foreign Contribution (Regulation) Act, 2010.
The trial court sentenced Abdullah Umar and Mohd. Umar Gautam to life imprisonment as the maximum sentence. Mannu Yadav, Mohd. Saleem, Kunal Ashok Chaudhari alias Atif and Rahul Bhola, who were not convicted under Section 121A IPC, received a maximum of 10 years. The remaining ten appellants were sentenced to life imprisonment.
Appearing for Kunal Ashok Chaudhari, Senior Advocate Purnendu Chakraborty argued that no material supported the Section 121A charge, that the FIR was lodged by a police officer although unamended Section 4 of the 2021 Act allowed only an aggrieved person or a near relative to do so, and that the FIR did not state when the offence occurred, raising Article 20(1). He also submitted that only six alleged converts were examined against an allegation of around 1,000 conversions, that confessions to police were inadmissible, and that the Section 65B certificate for digital evidence was missing. Other counsel argued the appellants had been on bail during trial, had spent about 4 years 7 months to 4 years 11 months in custody, and that the appeals would not be heard soon.
The State, through the Additional Advocate General, opposed bail, citing evidence of 24 witnesses and a 265-page judgment, and the large number of persons allegedly affected. It argued that Section 4 applies to offences under Section 3 and not Section 8, that the FIR and charge-sheet were never challenged earlier, and that Section 465 CrPC treats such defects as curable irregularities. It relied on Rajendra Bihari Lal v. State of U.P. and Mohammed Irfan v. State of Karnataka, among other rulings.
Taking into account that the appellants had spent more than 4 years 6 months in custody, the court held that the charges against eight appellants were “very serious in nature”, while the allegations and evidence against the others were “comparatively on lighter side.” Bail was refused to Mohd. Umar Gautam, Mufti Qazi Jhangeer Qasmi, Sallahuddin Jainuddin Sheikh, Prasad Rameshwar Kawre alias Adam, Maulana Kaleem Siddiqui, Irfan Shaikh, Kauser Alam and Dr. Faraz Babullah Shah.
Bail was granted to Mannu Yadav, Abdullah Umar, Dheeraj Govindrao Jagtap, Bhoopriya Bando alias Arslan Mustafa, Sarfaraz Ali Jafri, Mohd. Saleem, Kunal Ashok Chaudhari alias Atif and Rahul Bhola, on a personal bond and two sureties each. They must deposit passports, cooperate in the appeal without seeking adjournments on insufficient grounds, not leave the country without permission, and not indulge in similar criminal activity.
The court directed that 50% of the fine be deposited within two months of release, with the remaining 50% stayed, failing which bail stands cancelled. The trial court record has been summoned, and the appeals are listed for hearing in the first week of January 2027.
Appearances:
For the Appellants: Sri Purnendu Chakraborty, Senior Advocate, with Sri Krishan Kumar; Sri Furkan Pathan; Sri Zia Ul Qayum; Sri Sushil Kumar Singh; Sri Abhishek Singh; Sri Mohemmed Amir Naqvi; and Sri Indu Prakash Singh, Advocates.
For the State: Shri Vinod Kumar Shahi, Additional Advocate General, with Shri S.N. Tilhari, A.G.A.
Case Title: Kunal Ashok Chaudhari @ Atif vs. State of U.P., Criminal Appeal No. 4008 of 2024 with connected appeals
!["No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]](/secure/uploads/2020/01/lj_4995_Allahabad_HC_AZAN.jpg)
