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Hathras case: Allahabad HC grants bail to Kappan’s co-accused
The Uttar Pradesh police had arrested Kappan and three others accompanying him on October 5, 2020, under various sections of the IPC, Unlawful Activities (Prevention) Act and the Information Technology Act while they were on their way to Hathras
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The Lucknow bench of the Allahabad high court on Tuesday granted bail to taxi driver Mohammad Alam, one of the accused booked under the Unlawful Activities (Prevention) Act along with Kerala-based journalist Siddique Kappan while on way to Hathras in 2020.
A two-judge bench of Justice Ramesh Sinha and Justice Saroj Yadav observed: “On the basis of material available on record up to this stage, there appears no reasonable ground for believing that the accusations against the appellant are prima facie, true.”
“Prima facie, there appears no complicity and involvement of the appellant with the terrorist activities or any other activity against the nation,” the court said. “The case of this accused appellant is distinguished to the case of co accused Siddique Kappan as incriminating material was allegedly recovered from his possession,” the court observed.
The court also pointed out that observations made in this order (bail order) will have no effect in trial court’s proceedings in this case. The Uttar Pradesh police had arrested Kappan and three others accompanying him on October 5, 2020, under various sections of the Indian Penal Code, Unlawful Activities (Prevention) Act and the Information Technology Act while they were on their way to Hathras where a Dalit woman was allegedly gang-raped on September 14, 2020.
The woman had died at a Delhi hospital on September 29, 2020. According to the police, six smartphones, one laptop and pamphlets were recovered from them. The prosecution alleged that after an inquiry, it came to fore that the applicant and other co-accused were travelling allegedly to disturb the harmony of the area.
In July last year, additional sessions judge, Mathura, Anil Kumar Pandey had rejected Kappan’s bail application. Rejecting the bail, the court had stated that Kappan and others committed acts that promoted enmity in the society. At present, Kappan and other co-accused in the case are lodged in Lucknow prison.
