[Hathras conspiracy case] Allahabad High Court grants bail to cab driver arrested with Siddique Kappan

The Allahabad High Court on Tuesday granted bail to Mohammad Alam, driver of the cab which was ferrying Siddique Kappan and others to Hathras in October 2020 to allegedly report the matter of rape and murder of a Dalit girl. Kappan was denied bail by the court earlier this month. 

A division bench of Justices Ramesh Sinha and Saroj Yadav passed the order in the appeal moved by Alam, who is lodged in the Mathura jail since October 5, 2020, against the rejection of his bail plea by the NIA  Special Judge, Lucknow.

Court noted that Alam's case is distinguished from co-accused Kappan's case as from Kappan's possession incriminating material was found, however, no such material was recovered from Alam's possession.

"He(Kappan) is a Press Reporter and Laptop and Mobile Phone recovered from his possession, incriminating articles and video clips etc. were found inter-alia. Admittedly, no such incriminating material was recovered from the possession of the present accused appellant," Court observed.

Court stressed that only one mobile phone of the appellant was recovered from the possession and in that mobile phone, no incriminating material was found.

Moreover, Court noted that the only evidence against the appellant which could be shown was that he paid Rs.2,25,000 as a purchase money of car to one Mohd. Aneesh just few days ahead of the incident and he is a relative of Danish who has criminal antecedents and was involved in roits of Delhi over the CAA Protest.

Court observed that the money paid by the appellant as per his statement was borrowed from his cousin Mehboob Ali who has filed his affidavit explaining the source of money. Court further noted that as far as the relation with Danish was concerned, the appellant had admitted that Danish is his cousin but had specifically denied that he had any connection with the crime.

"In regard to the above two alleged evidences, the appellant has given a prima facie plausible explanation", Court held.

Therefore, allowing the appeal, Court set aside the order of the Special NIA Judge and granted regular bail to Alam until conclusion of trial.

Alam, along with Kappan, was detained on October 5, 2020 by the Uttar Pradesh Police when he when the two were on their way to Hathras. It was alleged that the accused intended to disturb the peace and harmony of the area.

Alam was booked under Sections 153-A (promoting enmity between different groups), 295-A (deliberate intentions of outraging the religious feeling), 124A (sedition), 120B (criminal conspiracy) of the Indian Penal Code; Sections 65 and 72 of Information Technology (Amendment) Act, 2008, and Sections of 17 and 18 of UAPA.

Case Title: Alam @Mohammad Alam v. State of UP and Anr.