14 March 2023 7:36 AM GMT
The Allahabad High Court recently granted bail to two alleged terrorists who were arrested last year in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the NIA court had dismissed their bail plea.The bench of Justice Attau Rahman Masood and Justice Om Prakash Shukla passed this order on bail pleas moved by accused Mohd. Mustaqeem and Mohammad Shakeel...
The Allahabad High Court recently granted bail to two alleged terrorists who were arrested last year in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the NIA court had dismissed their bail plea.
The bench of Justice Attau Rahman Masood and Justice Om Prakash Shukla passed this order on bail pleas moved by accused Mohd. Mustaqeem and Mohammad Shakeel in view of the gravity of their 'unblemished' past antecedent and the gravity of the offences for which the trial is framed.
The Court also took into account the fact that they are in jail for the last one year and eight months and the trial in the case has begun.
Essentially, in July 2021, the ATS arrested two terrorists belonging to Operation Ansar Gajwatul Hind organization from Lucknow named Minhaj and Bashiruddin on the allegation that they hatched a conspiracy to carry out a pressure cooker bomb attack in Lucknow on August 15, 2021.
During the 14-day police custody remand, both terrorists had taken the names of the present accused Mohd. Mustaqeem and Mohammad Shakeel. Thereafter, both of them were arrest in July 2021 and were booked under various terror charges.
After the investigation in the case, a charge sheet was submitted before the special court and on examination of the entire material collected during the course of the investigation, prima facie, charges under Section 120B IPC and Section 25 (1B)(a) Arms Act were framed against them.
After the NIA court rejected their bail pleas, they moved to the High Court arguing that once the purpose of investigation with the collection of relevant material has been served, the curtailment of liberty of the appellants any further, that too in a situation where the trial is to take a long time for the list of witnesses being lengthy, the prolonged incarceration is hit by Article 21 of the Constitution of India.
It was further submitted that the offences for which the appellants have been charged for facing trial are to be proved during the course of trial and the charges framed are not covered within the scope of the schedule appended to the NIA Act, therefore, the detention of the appellants any further amounts to a violation of their liberty.
On the other hand, the Counsel for the NIA argued that the trial court has rightly rejected the bail application of the appellants on appreciation of the prima facie evidence against them.
However, in view of the gravity of the offences alleged, the Court was of the view that they had made out a case for bail and thus, the Court directed that they be released on bail on each of them furnishing a bail bond and two sureties in the like amount to the satisfaction of the court concerned.
Counsel for petitioners: Furkan Pathan
Counsel for Respondent: Shikha Sinha
Case title - Mohd. Mustaqeem vs. State Of U.P. Thru. Nia along with a connected matter
Case Citation: 2023 LiveLaw (AB) 94
Click Here To Read/Download Order