Read Time: 05 minutes

Synopsis

The Allahabad High Court has recently granted bail to UAPA accused Atiq-Ur-Rehman in the Hathras Conspiracy case. Rehman was arrested in 2020 when he, along with Siddiqui Kappan, was on his way to Hathras after the gang-rape incident.  

The bench of Justice Attau Rahman Masoodi and Justice Renu Agarwal granted bail to Rehman noting that in its reply to Rehman's bail plea, the state government failed to cite any strong reason which could justify his continued detention.

The division bench also noted that in the present case, barring a sum of Rs. 5,000 credited to Rehman's account, no other financial gain could be shown by the state. 

"The might of the State is bound by the constitutional morality and any departure would come to the rescue of the person aggrieved for Article 21 of the Constitution of India is the grundnorm," the bench said. 

The bench further highlighted that charges were framed without due opportunity in the trial but the order came to be set aside in a proceeding under Section 482 CrPC remitting the matter back to the trial court for proceeding afresh in accordance with law.

Furthermore, while noting that Rehman's antecedents were that of a student, Court stated, "Past antecedents of the appellant are not such as may justify his continued detention".

Apart that, court also took note of the fact that the other two co-accused in the case have already been granted bail by the high court and the Supreme Court.

Accordingly, court granted Rehman bail on furnishing a bail bond and two sureties to the satisfaction of the court concerned.

A First Information Report (FIR) was registered against Rehaman and others under Sections 153-A, 124-A, 295-A of IPC, 1860, Sections 17 and 18 of Unlawful Activities (Prevention) Act, 1967 [UAPA], and Section 65, 72 and 75 of Information Technology Act, 2000. The trial in the case is going on before a special National Investigation Agency (NIA) court in Lucknow.

It is alleged that along with Kappan, Rehaman and others were going to Hathras, Uttar Pradesh to meet the family of the victim of the alleged Hathras rape and murder case with the intention to cause disturbance in the area. They were arrested on 5 October 2020 initially under charges related to apprehension of breach of peace, however, they were slapped with sedition and UAPA charges, later on. 

Case Title: Atikur Rahman v. State Of U.P. Thru. Prin. Secy. Home And Another