Allahabad High Court: In a bail application plea by Atikur Rehman, charged for the offences under Sections 153-A, 295-A 124-A, 120-B of the Penal Code, 1860, Section 17 and 18 of Unlawful Activities Prevention Act, 1967 and Section 65 and 72 of the Information Technology Act, the division bench of Attau Rahman Masoodi, and Renu Agarwal,JJ. granted bail to Atikur Rehman.
The Court said that the counter affidavit, after filing of the charge-sheet, does not have any strong reason which may justify continued detention of Atikur Rehman, who has been in judicial custody since 05-10-2020.
The Court noted that the charges were framed without due opportunity in the trial, but the order has come to be set aside in a proceeding under Section 482 of the Code of Criminal Procedure, 1973 remitting the matter back to the trial court for proceeding afresh in accordance with law. Further, the Past antecedents of the Atikur Rehman are not such that may justify his continued detention.
The Court also noted that the co-accused, namely Siddique Kappan and one other who were named in the same FIR have been enlarged on bail by a co-ordinate Bench of this Court and the Supreme Court. The Court further noted that barring a sum of Rs. 5,000 credited to the account of Atikur Rehman, no other financial gain through the website is apparently shown based on any tangible material.
The Court said that the State is bound by the constitutional morality and any departure would come to the rescue of the person aggrieved for Article 21 of the Constitution of India is the grundnorm.
Thus, the Court granted bail to Atikur Rehman in Hathras Conspiracy Case. However, it cautioned that Atikur Rehman shall not indulge into any activity in furtherance of the offences attributed against him in the charge-sheet and also imposed certain conditions.
[Atikur Rahman v State of U.P, 2023 SCC OnLine All 90, decided on 15-03-2023]
Advocates who appeared in this case :
Counsel for Appellant: Advocate Sheeran Mohiuddin Alavi;
Counsel for Respondent: Government Advocate.
