Allahabad High Court grants bail to UAPA accused citing absence of independent evidence

The Lucknow Bench of the Allahabad High Court has granted bail to a roadside helmet vendor, Azharuddin, who was arrested in 2022 under the stringent Unlawful Activities (Prevention) Act (UAPA). The division bench, comprising Justices Rajesh Singh Chauhan and Zafeer Ahmad, overturned a September 2023 order by a Special Lucknow Court that had previously denied him bail, ruling that there was no independent evidence linking him to any terrorist act or unlawful activity.

Azharuddin was initially named in an Anti-Terrorism Squad (ATS) case in Gomti Nagar, Lucknow, facing charges under multiple sections of the UAPA and the Indian Penal Code. While the prosecution claimed to have recovered electronic devices—including a pen drive and a mobile phone—alongside literature they described as jihadi, the defense successfully argued that the primary electronic evidence was actually seized from a co-accused named Luqman, and that no incriminating materials were found directly in Azharuddin's possession.

The High Court emphasized that the prosecution's case rested almost entirely on statements made by co-accused individuals and Azharuddin's own confession while in police custody, noting that except for these interrogation statements and allegations of association, no independent material connected him to any unlawful activity. Taking into account his prolonged jail time, his minor role in the allegations, and the total lack of independent evidence, the court deemed him fit for release.

Azharuddin, who was the sole breadwinner for his family before his arrest, will be released upon furnishing a personal bond and two sureties. His bail conditions require him to attend all trial proceedings regularly, surrender his passport, and refrain from tampering with evidence or influencing witnesses. The High Court has directed the trial court to expedite the legal proceedings, aiming for a conclusion within one year through short-interval hearings, noting that 11 other co-accused in this case have already been granted bail.