Hathras 'Conspiracy': Siddique Kappan Co-Accused KA Rauf Sherif Granted Bail By Allahabad High Court In UAPA Case

The Allahabad High Court last week granted bail to Campus Front of India (CFI) leader KA Rauf Sherif and one Mohd. Danish @ Tunnu in connection with the Unlawful Activities Prevention Act case related to the Hathras Conspiracy case in which journalist Siddique Kappan, presently out on bail, is an accused person.

It may be noted that a total of 9 people linked to Popular Front of India, including its students' wing leader K A Rauf Sherif and Kerala journalist Siddique Kappan have been charge-sheeted by Uttar Pradesh police's Special Task Force for sedition, criminal conspiracy, funding of terror activities and other offences. It has been alleged that they were involved in money laundering offences claiming that they wanted to "incite communal riots and spread terror" in the aftermath of the Hathras gang rape case.

They all have been booked in Indian Penal Code sections 153 (A) (Promoting enmity between different groups on ground of religion, race, place of birth, residence, language), 124(A) (sedition), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings...) and 120(B) (criminal conspiracy).

They have also been charged with sections 17 and 18 of the Unlawful Activities (Prevention) Act (UAPA) related to raising funds for terror acts and various sections of the IT Act.

Earlier, in December 2022, the Special Judge, NIA/ATS, Additional District and Sessions had denied bail to Sherif and Tunnu. Challenging the order, they moved to the HC.

It was argued by their counsel that initially, the FIR in the case was lodged against four accused persons and the present appellants were not named in the FIR. It was also argued that there is no allegation against them that they were associated with any terrorist organization or were soliciting any donation or funding or had any linkage with either P.F.I. or C.F.I. 

It was further contended that in view of the provisions of Section 43-D (5) of the UAPA, it is the duty of the court dealing with the bail application of the accused to satisfy itself with regard to there being reasonable grounds for believing that the accusation against the accused is, prima facie, true.

It was their primary contention that the Special Court completely failed to satisfy itself about the applicability of Section 43-D (5) of the UAPA and rejected the bail applications merely because a charge sheet has been filed against him and the bail application of the co-accused was rejected. It was also informed to the bench that Co-accused Kappan and Mohammad Alam have already been enlarged on bail by the HC.

On the other hand, the Counsel for the State argued that appellants are associated with the PFI organization which is involved in terrorist activities in the country and is trying to create unrest in the country by spreading caste and religious animosity.  It was further submitted that the bail application was rejected by the Special Court on the basis of sufficient grounds as ample evidence are there against the appellants.

Against this backdrop, having heard counsels for parties and upon perusal of the records, the bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I noted that initially, the FIR came to be lodged against four accused persons which did not include the names of the appellants and no incriminating article was recovered from their possession or their pointing out.

"The investigating agency has already filed a charge sheet against the appellant and the trial is yet to commence. The named co-accused, namely, Sidhique Kappan, who has been assigned the lead role, has been granted bail by the Apex Court...The other co-accused, namely, Alam @ Mohammad Alam, who was named in the F.I.R. and Atikur Rahman have been granted bail by a Division Bench of this Court," the Court further observed as it noted that the appellants are languishing in jail since February 2021 (Rauf) and Tunnu (November 2022).

Consequently, considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court opined that the court below had failed to appreciate the material available on record. With this, the Court granted them bail.

Advocates Amarjeet Singh Rakhra and Sheeran Mohiuddin Alavi appeared for the petitioners

Case title - K.A. Rauf Sherif vs. State Of U.P. Thru. Addl Chief Secy. Home U.P. Civil Secrett. Lko. And Another and a connected matter 2023 LiveLaw (AB) 214

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