Read Time: 04 minutes

Synopsis

The Bombay High Court has granted bail to Rizwan Ibrahim Momin, a teacher who was arrested in 2021 in the Delhi Terror Module Case.

The division bench of the high court comprising Justice Revati Mohite Dere and Justice Gauri Godse was hearing an appeal filed by Momin against the order of the trial court rejecting his bail.

Momin was arrested by the Maharashtra Anti-Terrorism Squad along in 2021 with Irfan Shaikh and Zakir Shaikh for alleged links with Chotta Shakeel. Momin was arrested on the grounds that he gave shelter to Shaikh and helped destroy a SIM card.

Momin was booked under Section 19 of the Unlawful Activities Prevention Act, which prescribes a minimum imprisonment of 3 years, extendable up to life imprisonment.

The bench while granting bail to Momin noted that "Infact, the prosecution has failed to point out any material to show that the appellant was aware of the activities of Zakir, an auto-rickshaw driver or that the appellant had participated in/was aware of any terrorist activities. The appellant is in custody for almost three years. Minimum sentence as noted aforesaid, under Section," the order read.

The high court also observed that mere exchange of phone calls between Momin and Zakir cannot be said to be incriminating. 

"..mere exchange of calls between the appellant and Zakir cannot be said to be incriminating, more particularly, when there is no other evidence to show that the appellant had also not made calls to the wanted accused. In the facts, the calls exchanged between the appellant and Zakir cannot be said to be incriminating, because the appellant, a teacher-cum-social worker was distributing essential goods to the needy during the covid time and that during the said time, was using Zakir’s auto-rickshaw to ply the said goods," the order states.