Allahabad High Court Grants Bail To SDPI State President Nizamuddin Khan Booked Under UAPA For Alleged PFI Connection

The Allahabad High Court has granted bail to Nizamuddin Khan, the State President of the Social Democratic Party of India (SDPI) in the UAPA case over his alleged connection with the banned organization Popular Front of India (PFI) and involvement in anti-national activities.

Khan, who has been booked under sections 295A, 109, 120B, 201 I.P.C., and section 13 of UAPA, was arrested on September 27, 2022, from Aligarh allegedly with objectionable material and unconstitutional literature.

As per the FIR, Khan has been accused of recruiting youth against the central and state governments and against the RSS with the support of the PFI. After his bail plea was rejected by Sessions Court in Aligarh, he moved to the High Court seeking regular bail. 

The #AllahabadHighCourt has granted bail to Nizamuddin Khan (@nizamsdpi), the State President of the Social Democratic Party of India (@sdpofindia) in the UAPA case over his alleged connection with banned organization #PFI and involvement in anti-national activities. pic.twitter.com/kD1mTiFTPv

— Live Law (@LiveLawIndia) January 21, 2023

Before the bench of Justice Ajit Singh, his counsel argued that there is no evidence on record, which could show that the applicant is involved in any anti-national activity nor did he hurt the religious sentiment of any community in any manner.

It was further argued that he is absolutely innocent and has been falsely implicated in the present case with the ulterior intention of harassing him.

It was lastly submitted that he has no criminal history and he is languishing in jail since 27.9.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Though the state counsel opposed his bail plea, the Court, keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22, and without expressing any opinion on the merits of the case, found him entitled to be enlarged on bail during the pendency of the trial.

Consequently, the Court ordered that he be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Case title - Nizamuddin Khan vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 1461 of 2023]

Case Citation: 2023 LiveLaw (AB) 30

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