Conversion Racket Case: Allahabad High Court Denies Post-Conviction Bail To Kaleem Siddiqui, Umar Gautam; Grants Relief To 8

The Allahabad High Court has rejected the post-conviction bail applications of Maulana Kaleem Siddiqui and Mohd. Umar Gautam and six other convicts in connection with an alleged illegal mass religious conversion racket case.

The Court, however, granted bail to eight other convicts during the pendency of their criminal appeals.

A Bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra passed the order on Wednesday while deciding bail applications filed in 16 criminal appeals challenging the common judgment of the Special Judge, NIA, Uttar Pradesh, Lucknow of September 2024.

Apart from Siddiqui and Gautam, the High Court rejected the bail pleas of Mufti Qazi Jhangeer Qasmi, Sallahuddin Jainuddin Sheikh, Prasad Rameshwar Kawre alias Adam, Irfan Shaikh, Kauser Alam and Dr. Faraz Babullah Shah.

The 8 convicts granted bail are 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.

Cases of Siddiqui, Gautam and 6 others

At the outset, the Court noted that these 8 accused had undergone more than 4 years and 6 months of imprisonment during the trial and after their conviction.

However, after examining the material on record, the submissions made by counsel for the appellants and the judgment of the Lucknow Court, the High Court found the charges against them, including Siddiqui and Gautam, to be "of very serious in nature".

Therefore, it did not find any plausible reason to enlarge them on bail at post conviction stage in the present criminal appeal

The Court accordingly rejected the bail applications of the eight appellants.

Why Was Bail Granted to the Other 8 Convicts?

On the other hand, the High Court found that the remaining 8 appellants deserved to be released on bail, taking into consideration the totality of facts and circumstances of the case, the roles attributed to them and the evidence regarding the overt acts allegedly committed by them in the offences.

The Bench specifically noted that the allegations and nature of evidence in respect of the offences were comparatively on the lighter side in the case of the these accused persons, who were stated to be the associates and connected to the prime accused who were denied bail.

The Bench also noted that Mohd. Saleem, Rahul Bhola, Mannu Yadav and Kunal Ashok Chaudhari alias Atif had not been convicted for the offence under Section 121A of the Indian Penal Code.

The Court directed that the eight convicts be released on bail upon furnishing a personal bond and two sureties each, in the like amount, to the satisfaction of the court concerned.

The High Court, however, imposed several conditions while granting post-conviction bail. The appellants have been directed to deposit their passports, if issued and not already deposited, before the trial court.

They have also been directed to cooperate in the hearing of their appeals and not seek adjournments on insufficient grounds. Further, they cannot leave the country without the permission of the High Court and must not indulge in similar criminal activities during the period they remain on bail.

The Bench clarified that, in case of breach of any of these conditions, the prosecution would be at liberty to move an application for cancellation of bail.

The Court further directed the 8 appellants granted bail to deposit 50% of the total fine imposed by the trial court within two months of their release from jail. The remaining 50% of the fine shall remain stayed.

The Bench made it clear that if the 50% fine is not deposited within the stipulated period, the bail granted to the appellants shall stand cancelled and they shall be arrested and sent to jail to serve out their sentence.

Background

The 16 criminal appeals arose out of four connected sessions trials relating to Case Crime registered in 2021 at the Anti-Terrorism Squad (ATS) Police Station, Gomti Nagar, Lucknow.

The case involved offences under Sections 120B, 153A, 153B, 295A, 417, 298, 121A and 123 of the Indian Penal Code, Sections 3, 5 and 8 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and Sections 11 and 35 of the Foreign Contribution (Regulation) Act, 2010.

The Special Judge, NIA, Lucknow, convicted the appellants through a common judgment dated September 11, 2024.

Gautam and his aides were charged with targetting the weaker sections of the Society, children, women and the people belonging to Scheduled Castes/Scheduled Tribes.

The prosecution alleged that their object and goal was to change the country's demography by converting citizens from one religion to another, and to disturb the peace and tranquillity of society and the public order.

The trial court had described Mohd. Umar Gautam as the alleged mastermind of the conversion network, stating that he operated the Islamic Dawah Centre (IDC) in Delhi and facilitated large-scale conversions through domestic and foreign funding.

It noted that he had claimed to have prepared documents for the conversion of over 1,000 persons.

Maulana Kaleem Siddiqui was alleged to have operated through the Jamiat Imam Waliullah Trust and Global Peace Centre, running madrasas and deploying religious preachers, referred to as daees, for conversion activities.

The trial court noted that the trust had received over ₹2.16 crore between 2006 and 2021 and referred to speeches and audio recordings attributed to Siddiqui, including remarks about establishing Muslim rule in India.

The trial court also attributed specific roles to the other accused. Mufti Qazi Jhangeer Qasmi was alleged to have issued conversion and marriage certificates through the IDC.

Sallahuddin Jainuddin Sheikh was described as a financier who allegedly routed approximately ₹62 crore through hawala channels to Umar Gautam between 2018 and 2021. Irfan Shaikh was accused of using sign language to facilitate the conversion of hearing- and speech-impaired students at the Noida Deaf Society.

Prasad Rameshwar Kawre alias Adam was alleged to have facilitated conversions, including his mother and sister, and supported Dawah activities.

Kauser Alam was accused of assisting conversions. Dr. Faraz Babullah Shah was alleged to have used his position as a doctor to influence non-Muslim patients and facilitate conversions.

16 criminal appeals were subsequently preferred before the HC against the convictions and sentences. Separate bail applications were also filed in the respective appeals.

After disposing of the bail applications, the High Court directed that the trial court records be summoned, if not already received, and that a paper book be prepared. The criminal appeals have been directed to be listed for hearing in the first week of January 2027.