Allahabad High Court Grants Bail To Alleged 'Al-Qaeda' & 'Jamaat-Ul-Mujahideen Bangladesh' Operative Booked Under UAPA

A bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary granted bail to accused (Mohd. Kamil @ Kamil) a month after the Top Court requested the HC to decide his plea in 3 months.

In his appeal challenging an order of the Special NIA Court refusing him bail, it was primarily argued that six criminal appeals of nine co-accused persons had been allowed by the HC last year and since, the allegations against him are similar, hence his appeal should also be allowed.

For context, the other accused were granted 'default bail' in May last year under Section 167(2) CrPC as a division bench had held that the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case was 'illegal', as the said order was passed in their absence. 

The appellant, booked under Sections 121-A & 123 I.P.C. and Sections 13, 18, 18-B, 20 & 38 of Uunlawful Activities (Prevention) Act, had been arrested on the allegations of aiding in the preparation of sleeper modules for AQIS and JMB in Uttar Pradesh.

It has been further alleged that he, along with others, recruited people while spreading anti-national, jehadi and terrorist mentality among people so as to threaten the unity, sovereignty and integrity of the nation and to destabilise the democratically elected government.

Though the state counsel opposed the bail application, he could not dispute the aforesaid fact that other co-accused persons have been enlarged on bail in their respective appeals setting aside the impugned orders passed against them.

Keeping in view the aforesaid facts and circumstances and also considering the principles of parity, the Court allowed his appeal and granted him bail by setting aside the impugned order on the condition of furnishing a bail bond of Rs.1,00,000/- with appropriate reliable sureties.