Lucknow: The Lucknow Bench of the Allahabad High Court has granted bail to a Muslim youth arrested by the Uttar Pradesh Anti-Terrorism Squad (ATS) for alleged links with the banned militant group Al-Qaeda, observing that mere allegations cannot justify indefinite detention, reported Maktoobmedia.
The accused, Mohd Kamil, a resident of Saharanpur, was arrested in October 2022 along with seven others during a series of ATS raids in which several Muslim men were accused of being part of a “sleeper cell.” The ATS had claimed that the group was plotting attacks in Lucknow and other cities.
A division bench comprising Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary granted bail to Kamil after a detailed hearing. His counsels, Advocates Furkan Pathan, Arif Ali, Mujahid Ali, and Saif Ali, argued that the prosecution had failed to produce any concrete evidence linking him to terrorist activities. They maintained that the case was built on conjecture and unsubstantiated claims rather than credible proof.
“The prosecution has failed to demonstrate any direct involvement of the accused in terrorist activity or in possession of any incriminating material, and hence the default bail was granted by the honorable court,” Advocate Saif Ali told Maktoobmedia. He added that since the prosecution did not file a chargesheet within 90 days of Kamil’s arrest, the bail was granted by default under legal provisions.
While allowing the bail plea, the court observed that prolonged incarceration without trial violates the fundamental right to liberty guaranteed under Article 21 of the Constitution. It further noted that mere accusations without supporting evidence cannot be grounds for keeping an individual in custody indefinitely.
Kamil’s bail marks a significant development in a case that has drawn attention for its wide-ranging arrests under anti-terror laws. The ATS has yet to issue a statement on the court’s order, and a detailed judgment is awaited.