"Further Custodial Detention Not Required": Gauhati HC Grants Bail To UAPA Accused Booked For Glorifying Tehreek-e-Taliban

The Gauhati High Court last week granted bail to one Maqbool Alam booked for praising and glorifying Tehreek-e-Taliban, i.e. a terrorist organization.

Allegedly, Alam had posted a Facebook post in which he had shown his support towards Tehreek-e-Taliban, a terrorist organization that engaged in a war to throw out a democratically elected government in Afghanistan and also targeted Indian citizens through violent means.

He was booked under Sections 120(B) [Punishment of criminal conspiracy], 153 A(1)(a) and (c), 298 (Uttering, words, etc., with deliberate intent to wound the religious feelings of any person), 505 (1)(b)(c) [Statements conducing to public mischief], 505 (2) [Statements creating or promoting enmity, hatred or ill-will between classes] of the Indian Penal Code, 1860, read with Section 66 of IT Act, 2000 and Section 39 of the Unlawful Activities (Prevention) Amendment Act, 1967 [Offence relating to support given to a terrorist organization].

The Bench of Justice Hitesh Kumar Sarma granted bail to him noting that it does not appear to this Court that there was anything such in the posts which would require his further custodial detention beyond 31 days, in the interest of investigation of the case. 

That being so, his application for bail was disposed of at the motion stage itself with the direction that he be released on bail in connection with the instant case on furnishing bail bond of Rs.10,000/- with one suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup (Metro) at Guwahati.

He has been directed not to leave the territorial jurisdiction of Chief Judicial Magistrate, Kamrup (Metro) at Guwahati, without prior written permission from him and shall not hamper with the investigation, or tamper with the evidence of the case;

Also, he has been directed to not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

Case title - Mabool Alam v. State of Assam

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