Allahabad High Court Denies Bail To Alleged Maoist Kheem Singh Bora Booked Under UAPA By UP Police

The Allahabad High Court recently DENIED bail to an alleged Maoist leader Kheem Singh Bora who was arrested by the Uttar Pradesh Anti-Terrorist Squad (ATS) in July 2019 from the Bareilly railway station.

Bora, who is carrying a reward of Rs 50,000 (as announced by Uttarakhand police in 2017), had moved to the High Court seeking bail in connection with a case registered against him under Sections 3/25 of Arms Act and 20/38 of Unlawful Activities (Prevention) Act, 1967.

However, the Bench of Justice Krishan Pahal denied him bail in view of the fact that he is wanted in five criminal cases and that he is stated to be the State Secretary of the banned organization Communist Party of India (Maoist) for the State of Uttarakhand.

The background of the case

The Uttar Pradesh Anti-Terrorist Squad (ATS) had arrested him from the Bareilly railway station in July 2019 when he was going to participate in a meeting that was proposed to be held at Dhanbad, Jharkhand related to the Communist Party of India (Maoist).

Bora was arrested on the basis of details revealed during the interrogation of another suspect arrested for Naxal links, Manish Srivastava. One country-made pistol 315 bore, five live cartridges, and literature related to the banned organization Bhartiya Communist Party (Maoist) was recovered from him by the ATS.

Before the court, his counsel argued that Borsa is an activist who raises the voices of poor farmers and laborers against the corruption of Government officials. It was also informed to the Court that he was languishing in jail since 17.07.2019 and there is no likelihood of early disposal of the trial.

On the other hand, the State argued that Bora is a member of a banned and declared terrorist organisation as provided in the First Schedule of Unlawful Activities (Prevention) Act and that there is a criminal history of five cases assigned to him in the State of Uttarakhand.

Significantly, the AGA also referred to various paragraphs and sentences used in the literature recovered from the possession of Bora, which, as per the AGA, stated about conducting an armed rebellion against the State.

Lastly, it was argued that there was every likelihood that in case, Bora is released on bail, he would again indulge in terrorist activities and misuse the liberty of bail.

Consequently, considering the peculiar facts and circumstances of the case and the arguments advanced by the counsel for the parties as also the criminal antecedents of the applicant, the Court DID NOT find it a fit case for bail.

Case title - Kheem Singh Bora @ Matrey @ Prakash @ Rajan @ Vijaypahru v. State Of U.P. Thru A.T.S. Lucknow

Case Citation: 2022 LiveLaw (All) 153

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