Allahabad HC Grants Bail To Man Booked Under UAPA For Allegedly Strengthening PFI To Establish 'Gazwa-E-Hind' In India

The Bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava-I granted him bail as it noted that the trial in the case is still pending and there is no likelihood of it being completed soon coupled with the fact that the appellant has no criminal history to his name and thus, Section 43-D of the UAP Act is not attracted.

As per the prosecution's case, on September 29, 2022, an FIR was lodged at a Police Station- in Ayodhya to the effect that various Agencies including the Anti-Terrorist Squad, Uttar Pradesh had been receiving information that PFI and certain other Muslim Organizations were engaging themselves in Anti-National Activities with intent to divide and disintegrate India and establish Islamic State by 2047.

This information was examined and investigated and then on the same day, it was revealed that the accused (Mohd. Arkam) was actively participating to strengthen the P.F.I. organization and establish Gazwa-e-Hind in Hindustan.

Accordingly, he was apprehended for investigation from his home and ultimately, a charge sheet was filed against him in March 2023 booked under Section 121-A, 153-A, 295-A IPC and Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967.

He moved to the High Court after he was denied bail by the Trial Court. It was contended by his counsel that a charge sheet has already been filed against the appellant, therefore, there is no likelihood of the investigation being affected.

It was also submitted that the substantive offence under Section 121-A IPC itself as he was in mere possession of some pamphlets etc., which by itself, does not satisfy the ingredients of Section 121-A IPC.

As regards other offences under Sections 153-A, 295-A IPC, it was argued that they carry a sentence of three years, whereas, the appellant has already remained in jail since 29.09.2022 and the trial is still pending.

As regards the offence under Section 13(1)(b) of the Act, 1967, apart from the fact that the same is also not made out against him, it also carries a sentence of 7 years or less than 7 years, therefore, it was contended that the appellant is entitled to be enlarged on bail.

On the other hand, the counsel for the State opposed the bail application, but, he could not deny the fact that except for the offence under Section 121-A IPC the other offences under the IPC carried a sentence of 3 years or less.

He, however, submitted that the appellant was indulging in Anti-National Activities and therefore, if he is enlarged on bail he would again commit a similar crime, thereby, endangering the integrity of this nation.

Having heard counsel for the parties and having perused the records, the Court opined that a charge sheet having already been filed against the appellant whatever evidence was there, has already been collected, therefore, it is not a case where the investigation would be affected or influenced in any manner.

The Court also noted that the trial is still pending and there is no likelihood of it being completed in the near future, even otherwise, except for the offence punishable under Section 121-A IPC the other offences under the IPC carry a sentence of 3 years or less than 3 years, whereas, the appellant has remained in Jail since 29.09.2022.

Given this, without making any comments on the merits of the case which is pending before the trial Court, the Court deemed it fit to release the appellant-accused on bail during the pendency of the trial.

Appearances

Counsel for Appellant: Sheeran Mohiuddin Alavi, Aftab Ahmad, Harsh Vardhan Kediya

Counsel for Respondent: GA

Case title - Mohd. Arkam vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. 2024 LiveLaw (AB) 33 [CRIMINAL APPEAL No. - 2174 of 2023]

Case Citation: 2024 LiveLaw (AB) 33