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Court noted that Sherif was not named in the FIR and the named co-accused persons including Siddique Kappan have already been allowed bail in the matter.
The Allahabad High Court recently granted bail to K.A. Rauf Sherif, an accused along with Siddique Kappan and others in the Hathras conspiracy case.
The bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava noted that Sherif was not named in the first information report and no incriminating article was recovered from his possession or on his pointing out.
Court also took into account the fact that Siddique Kappan, who has been assigned the lead role in the case, has been granted bail by the Supreme Court and another co-accused Alam @ Mohammad Alam and Atikur Rahman, who were named in the FIR have been allowed bail by the high court.
Therefore, court set aside the order of the Special Judge, NIA/ATS, Additional District and Sessions Judge, Court No.5, Lucknow denying Sherif bail.
A case has been registered against Sherif under Sections 153-A, 295-A, 124- A, 120B I.P.C., Sections 17 and 18 of Unlawful Activities (Prevention) Act, 1967 and Sections 65 and 72 of I.T. Act, 2000.
In the present matter, the FIR was registered against four accused persons. Sherif's name was not among them.
Pressing for Sherif's bail, his counsel argued before the high court that the offences under Sections mentioned in the chargesheet were not made out against Sherif even if the story of the prosecution was believed on its face value.
He submitted that there was no allegation that Sherif that he was associated with any terrorist organization or was soliciting any donation or funding or had any linkage with either PFI or CFI.
Sections 17 and 18 of the UAPA which relates to raising funds for terrorist activities and punishment thereof and conspiracy for committing any terrorist act and punishment thereof are not even remotely attracted to the facts of the case, he asserted.
Moreover, the counsel stressed that against Sherif, there was no prima facie case and no active role had been attributed to him by the investigating agency. Therefore, while highlighting that are 55 witnesses in the matter and the trial is yet to commence, Sherif's counsel pressed for his bail.
Though the plea for bail was opposed by the government counsel, he could not dispute the fact that the named co-accused persons had already been granted the relief.
Court set aside the special court's order and allowed Sherif bail on furnishing a personal bond and two sureties of the like amount, to the satisfaction of the trial court.
Case Title: K.A. Rauf Sherif v. State of UP
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