Bail granted by Allahabad HC to two Kerala men accused in PFI-linked UAPA case

The Allahabad High Court has granted bail to two Muslim men accused of being members of the Popular Front of India (PFI) and of allegedly conspiring to carry out attacks on Hindu religious organisations and other sensitive locations in Uttar Pradesh, citing the prolonged delay and poor progress in their trial.

A division bench comprising Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra noted that Ansad Badruddin and Firoz Khan had remained in custody since February 2021. Despite repeated directions for the speedy completion of the trial, only five of the 18 prosecution witnesses had been fully examined, the court noted, Maktoob Media reported.

According to the bail order, the pace of the proceedings indicated that there was little possibility of the trial being concluded in the near future. The court held that the accused were therefore entitled to the benefit of the constitutional right to a speedy trial and set aside the Special Judge-NIA, Lucknow’s May 14, 2024 order rejecting their bail pleas.

The bench described the progress of the trial as extremely slow and raised concerns over the prosecution’s failure to produce witnesses. It observed that prolonged delays could result in the accused securing bail despite the stringent restrictions imposed under Section 43-D(5) of the Unlawful Activities (Prevention) Act.

Badruddin and Khan face charges under Sections 120-B and 121-A of the IPC, Sections 13, 16, 18 and 20 of the UAPA, and Sections 3, 4 and 5 of the Explosive Substances Act. They were arrested by the Uttar Pradesh Anti-Terrorist Squad in February 2021.

The prosecution alleged that Badruddin was found in possession of a .32-bore pistol, live cartridges, explosive rods and explosive devices fitted with electric detonators. Khan was allegedly found with explosive material and a bundle of red DP wire. A forensic examination later identified the seized explosive substance as PETN.

According to the prosecution’s case, alleged PFI members had planned to gather at Lucknow’s Kukrail Picnic Spot with the intention of carrying out attacks, including against senior figures associated with Hindu religious organisations and other sensitive locations, to create fear.

The High Court referred to the Supreme Court’s May 2026 ruling in Syed Iftikhar Andrabi v. National Investigation Agency and noted that the principles laid down earlier in Union of India v. K.A. Najeeb continued to apply in cases involving prolonged detention under the UAPA.

The accused had argued that their continued incarceration, combined with the slow pace of the proceedings, violated their right to a speedy trial. The High Court had previously directed the trial court to conclude the case within a year and later issued additional directions for the prompt examination and cross-examination of witnesses.

A report submitted by the Special Sessions Judge dealing with NIA and ATS cases in Lucknow showed that 95 hearing dates had been fixed for examining prosecution witnesses. While the examination-in-chief of 11 witnesses had been completed, only five had been cross-examined. The cross-examination of a key prosecution witness had remained incomplete despite several hearings.

The court held that the delay raised serious concerns under Article 21 of the Constitution, which protects personal liberty and encompasses the right to a speedy trial. It also noted that the two men had been arrested before the PFI was banned in September 2022.

Relying on the K.A. Najeeb judgment, the bench held that prolonged incarceration and the absence of meaningful progress in a trial could justify the grant of bail even in cases governed by strict statutory bail conditions.

The High Court consequently ordered the release of Badruddin and Khan on bail. They were directed to furnish personal bonds of ₹5 lakh each along with two sureties of the same amount, report to the ATS every fortnight, and refrain from leaving Uttar Pradesh without the court’s permission.