Jharkhand High Court grants bail to man jailed over a year ago on finding there is no material to show his alleged link to Al-Qaeda

After having been jailed over a year ago on accusations of having terrorist links, a Maulana was allowed bail by the Jharkhand High Court recently on finding that "no material has been collected with regard to involvement of the petitioner in any activities of Al- Qaeda outfit.".Justice Kailash Prasad Deo allowed the bail plea moved by the Maulana after also noting that he did not have any criminal antecedents (Maulana Kalimuddin Muzahiri @ Maulana Kalimuddin Muzahid v. State of Jharkhand). .The Court's order reads:.".... no material has been collected with regard to involvement of the petitioner in any activities of Al- Qaeda outfit, the case of co-accused Nasim Akhtar @ Raju is different as there was material against him that he went to different states for undergoing training, but no such material has been collected against the petitioner nor Investigating Officer has collected any material with regard to the money given to this petitioner by any Organization, who was involved in unlawful activities.".Maulana Kalimuddin Muzahiri had been arrested in September 2019 on accusations of sedition, waging war against the country, conspiracy and allied offences. In this regard, provisions of the Indian Penal Code, the Arms Act and the nlawful Activities (Prevention) Act were cited. .Appearing for Muzahiri, Advocate Amit Kumar Das, told the Court:The petitioner was not named in the FIR initially. During investigation, the police alleged that th accused had met in the petitioner's house. Subsequently, the police alleged that he had received money from Gujarat for committing anti-national work as the petitioner is Jihadi.No criminal case has been found against the petitioner. No material was collected during the investigation so as to prove guilt against the petitioner.The case of the petitioner is entirely different from that of those co-accused in the case, against whom there was material to show that the he (co-accused) had gone to Saudi Arabia for taking training.The petitioner had gone to Saudi Arabia thrice for performing Hajj and with the Government's permission. No material has been brought on record that the petitioner has ever met any extremists outfits in Saudi Arabia.The Court also noted that subsequently, the police has also made the son of the petitioner as an accused in this case, as it appears from the counter affidavit.The petitioner was arrested on September 22, 2019. He has no criminal antecedents. .The State, through Advocate Arup Kumar Dey, opposed the bail plea alleging that the petitioner had confessed his guilt, stating that the co-accused in the case would visit his house to discuss the expansion of the Al-Qaeda network..The Court, however, pointed out that no material had been collected to support these allegations. .Therefore, Maulana Muzahiri was directed to be released on bail upon furnishing a bail bond of Rs 25,000 and two sureties of the like amount. .Among other general directions to ensure that the petitioner cooperates with the authorities during the investigation, the Court has also ordered that he should only use the one mobile phone that stands in his name and that his phone number should be informed to the Police Officer-in-Charge and the trial court. .Read the order: