The Delhi High Court has granted bail to Mohd Shahzad Kamal, who has spent more than five years in judicial custody as an undertrial in a case concerning alleged activities of Harkat-ul-Harb-e-Islam (HuHI), which the National Investigation Agency (NIA) has described as a self-financed, pro-Islamic State (ISIS) module.
A Division Bench of Justices Navin Chawla and Arun Bhardwaj passed the order on October 1, setting aside a May 2024 order of the Special NIA Court that had rejected Kamal’s bail plea.
Kamal has been in judicial custody at Tihar Jail since his arrest on August 31, 2021. He faces charges under Section 121 of the Indian Penal Code and Sections 17, 18, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967.
While granting bail, the High Court took into account the length of Kamal’s incarceration and the likely time required for the trial to conclude.
The Bench noted that Kamal had already spent more than five years in custody while continuing to be presumed innocent. It also observed that the trial was unlikely to conclude in the near future.
The court said that continued detention under such circumstances could effectively amount to punishment before conviction. It also took note of the fact that some other accused in the same case had already been granted bail, bringing the principle of parity into consideration.
The High Court also considered the prosecution’s allegations concerning certain incriminating chats relied upon as evidence in the case.
At the bail stage, the Bench observed that there was no positive evidence establishing that the chats had originated from Kamal or had been addressed to him.
The court considered these circumstances alongside the constitutional guarantee of a speedy trial under Article 21 and the stringent bail requirements under the UAPA.
The Bench clarified that its observations were made only for the purpose of deciding the bail application and should not be treated as findings on the merits of the prosecution’s case.
The High Court directed Kamal’s release on bail subject to several conditions.
He has been directed to furnish a personal bond of ₹50,000 along with two sureties of the same amount. He must surrender his passport and cannot leave India without prior permission from the court.
The court has also restricted him from travelling outside Hapur district in Uttar Pradesh without prior permission. He must regularly appear before the trial court and report periodically to the concerned NIA branch.
Kamal has been barred from contacting witnesses or co-accused and from making public statements concerning the merits of the case, evidence, witnesses or the ongoing trial.
He has also been directed not to tamper with evidence or interfere with the proceedings. Any violation of these conditions could lead to an application seeking cancellation of his bail.
The NIA has alleged that Kamal was involved in a conspiracy linked to HuHI and provided funds for the group’s activities. These allegations will be examined during the course of the trial.
The trial will continue before the Special NIA Court.
Kamal was represented by advocates Jawahar Raja, Archit Krishna, Tamanna Pankaj, Nitai Hinduja, Ishan Goel and Ashutosh Shukla.
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