Allahabad High Court: In an appeal under Section 21(4) of the National Investigation Agency Act, 2008 filed by accused (‘Masood’) challenging the order passed by Special Judge, NIA/ATS, Additional District and Sessions Judge, in bail application for offences under Sections 153-A, 295-A, 124-A, 120-B of the Penal Code, 1860 (‘IPC’) and Sections 17 and 18 of Unlawful Activities (Prevention) Act, 1967 and Sections 65 and 72 of IT Act, 2000, whereby bail application of Masood was rejected, the division bench of Attau Rahman Masoodi and Ajai Kumar Srivastava-I, JJ. has granted bail to Masood, subject to certain conditions as other co-accused persons have been enlarged on bail.
Masood submitted that initially the first information report was lodged against four accused persons, including him. There is no allegation against him that he was associated with any terrorist organization or was soliciting any donation or funding or had any linkage with either People Front of India or Campus Front of India. Further, he submitted that no incriminating article was recovered from his possession or on his pointing out. He is neither engaged in any unlawful activity as defined under Section 2(o) of the UAPA nor is a part of any unlawful association as defined under Section 2 (p) of UAPA. The investigating agency has already filed a charge sheet against him.
The Court reiterated that the presence of statutory restrictions like Section 43-D (5) of UAPA, per se does not oust the jurisdiction of the Constitutional Courts to grant bail on grounds of violation of Part-III of the Constitution of India. Indeed, both the restrictions under the statutes as well as the powers exercisable under constitutional jurisdiction may be well harmonized.
The Court noted that Masood has been languishing in jail since 05-10-2020. Further, it said that there is not even a prima facie case, establishing the complicity of Masood and the nature and gravity of charges and the absence of criminal history on his part require his release on bail.
Masood has also submitted that the co-accused Sidhique Kappan who has been assigned the lead role, has been granted bail by Supreme Court. Further, other co-accused persons, namely Mohammad Alam, Atikur Rahman, K.A. Rauf Sherif and Mohd. Danish have been granted bail by co-ordinate Benches of this Court.
The Court noted that while granting bail to the co-accused, Sidhique Kappan, the Court has considered the length of custody undergone by Sidhique Kappan and thereafter the other co-accused persons have been enlarged on bail by a coordinate Bench of this Court. It said that the ground of long custody period is also available to Masood, who is in jail since 05-10-2020.
The Court viewed that the Court below has failed to appreciate the material available on record, thus the impugned order has been set aside.
[Masood v. State of U.P, 2024 SCC OnLine All 694, Order dated 12-03-2024]
Buy Constitution of India HERE
Buy Penal Code, 1860 HERE
