Bombay High Court Grants Bail to PFI Accused, Citing Weak Evidence
Bombay HC grants bail to Mohammed Iqbal Ibrahim Khan, a PFI accused under UAPA, citing lack of incriminating evidence and slow trial progress.
The Bombay High Court has ordered the release on bail of Mohammed Iqbal Ibrahim Khan, who was arrested in connection with a case filed under the Unlawful Activities (Prevention) Act (UAPA). The ruling came after the court found that the prosecution's evidence did not substantiate the charges against him.
A division bench comprising Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale delivered the order last week. The court observed that the statements of witnesses recorded by the police were "innocuous" and merely suggested that Khan was a member of the Popular Front of India (PFI). These statements, the bench noted, did not establish any of the specific offences he was charged with.
The prosecution had opposed the bail application, arguing that Khan was an active PFI member. It alleged that he and other accused persons held meetings across Mumbai between February and June 2022, where they conspired to revolt against the Government of India.
Prosecutors also pointed to videos recovered from Khan's mobile phone, including one demonstrating the preparation of petrol bombs. The court, however, noted that while the video was present on his device, there was no evidence that Khan had forwarded it to anyone or encouraged others to use the technique.
Khan was arrested by the Maharashtra Anti-Terrorism Squad (ATS) in September 2022 and has been in judicial custody since. He was booked under various sections of the Indian Penal Code and the UAPA.
The High Court also took into account the pace of the trial. Charges were framed in March this year, but no witnesses have been examined so far. With the prosecution planning to call at least 90 witnesses, the court concluded that the trial is unlikely to conclude within a reasonable timeframe. This factor, it said, weighed in favour of granting bail.