Hathras 'Conspiracy' | 41 Months After Arrest, Allahabad HC Grants Bail To Siddiqui Kappan Co-Accused Masood In UAPA Case

The Allahabad High Court has GRANTED BAIL to Masood Ahmed, a student leader, in connection with the 2020 Hathras 'Conspiracy' case wherein 4 persons including Masood and Siddiqui Kappan, a journalist, have been booked by the UP Police under the stringent Unlawful Activities Prevention Act (UAPA).

While passing this order, a bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I took into account the fact that the Supreme Court has already granted bail to co-accused Kappan and that other co-accused persons have been enlarged on bail by a coordinate Bench of this Court.

Further, considering his prolonged custody period of 41 months, the Court granted Masood Ahmed relief without offering any opinion on the case merits. This decision involved setting aside the Special NIA Court's December 2022 order, which had previously denied him bail. The Division bench added that the special court failed to appreciate the material available on record.

It may be noted that Masood and Kappan along with 2 others 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.

Earlier, in December 2022, the Special Judge, NIA/ATS, Additional District and Sessions in Lucknow had denied bail to Masood. Challenging the said order, he moved to the HC.

It was the primary contention of Masood's counsel that there was no allegation against him that he was associated with any terrorist organization or that he was soliciting any donation or funding or had any linkage with either PFI. or CFI. It was also contended that no incriminating article was recovered from his possession or on his pointing out.

It was argued that he was 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 Court was also informed that his co-accused (Alam @ Mohammad Alam, who was also named in the F.I.R., Atikur Rahman, K.A. Rauf Sherif, Mohd. Danish @ Tunnu and Kappan) have already been granted bail.

On the other hand, the AGA for the state government submitted that the Special Court had validly rejected the bail application of the appellant as he was 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 submitted that the bank statement of the accused-appellant, Firoz Khan, Ashad Badruddin would establish a huge money transaction in the bank accounts and that a charge sheet has been filed against him after collecting sufficient evidence. T

However, the AGA did not dispute the fact that his co-accused, namely, Kappan, who has been assigned the lead role, has been granted bail by Apex Court and that other co-accused, who were also named in the FIR, have been granted bail by co-ordinate Benches of the High Court.

Having heard the counsel for both the parties, the Court, without expressing any opinion on the merits of the case, allowed his appeal granting him bail.

Appearances

Counsel for Appellant: Sheeran Mohiuddin Alavi, Amarjeet Singh Rakhra, Harsh Vardhan Kediya

Counsel for Respondent: AGA Shiv Nath Tilhari

Case title - Masood vs. The State Of U.P. Thru. Prin. Secy. Home, Lko. And Another 2024 LiveLaw (AB) 178

Case citation: 2024 LiveLaw (AB) 178

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