UAPA | Punjab & Haryana High Court Grants Bail To Man Booked For Writing Secessionist Slogans On School Wall

The Punjab & Haryana High Court has granted bail to a man booked under the stringent Unlawful Activities (Prevention) Act, 1967  (UAPA) for allegedly writing secessionist slogans on the wall of a School.

While granting bail, to the accused a division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh noted, "in the instant case, no recovery whatsoever has been made from him as yet. No material has been brought before this Court to indicate that any monetary transactions had taken place and that the appellant had used a particular mobile phone for recording the incident and sending it to other accused."

It added further that the material against the appellant is too scanty to justify his further incarceration despite stringent provisions of the UAPA.

Resham was arrested in 2022 under Sections 10 (Penalty for being member of an unlawful association, etc), 13 (Punishment for unlawful activities) and 18 (Punishment for conspiracy, etc.) of the UAPA, Section 3 of the Prevention of Damage to Public Property Act, 1984 and Sections 120-B, 153-A of the IPC for allegedly painting objectionable slogans on the wall of a DAV School in Karnal. The Court was hearing an appeal against ASJ Court's decision which rejected his bail plea.

Resham was arraigned as an accused on the statement of one Manjeet Singh, who was an accused in another case under Sections 153-A, 153-B, 120-B, 427 IPC and Sections 13 and 18 of the UAPA, submitted his counsel.

Counsel for the state submitted that secessionist slogans had been painted on the walls of Dayal Singh College and DAV School at Karnal with black paint in Punjabi and English language. The appellant in his statement before the police had stated that he had been promised a sum of Rs.15,000 for doing so and that he had made a video of the incident and sent it to the other accused. He, therefore, submitted that in view of the serious allegations against the appellant, he is not entitled to the concession of regular bail, he added.

After hearing the submissions, the Court noted that Resham was not named in the FIR but has been arraigned as an accused on the statement of co-accused in another case. 

"Recovery of paint, clothes and mobile phone is stated to have been effected from the appellant in connection with the investigation in FIR No.118 (another case)," said the Court.

Speaking for bench. Justice Grewal said, "In the instant case, no recovery whatsoever has been made from him as yet. No material has been brought before this Court to indicate that any monetary transactions had taken place and that the appellant had used a particular mobile phone for recording the incident and sending it to other accused."

The Court added that he is already facing trial in the case wherein the co-accused has named him.

"The material against the appellant is too scanty to justify his further incarceration despite stringent provisions of the UAPA. The appellant is in custody for 01 year and 09 months. The challan has been filed but charges are yet to be framed. The prosecution is stated to have cited 14 witnesses and, therefore, the conclusion of trial would take some time." opined the bench.

Consequently, the Court set aside the impugned order of ASJ and granted him the concession of Bail.

P.S. Dhaliwal, Advocate and  Vishal Sharda, Advocate for the appellant.

Rahul Dev Singh, Addl. A.G. Haryana.

Title: Resham v. State of Haryana

Citation: 2024 LiveLaw (PH) 

Click here to read/download the order