The Allahabad High Court has granted bail to two men accused of being members of the Popular Front of India (PFI) and conspiring to attack Hindu religious leaders and sensitive places in Uttar Pradesh, citing the “very poor” progress of their trial.
A bench of Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra passed the order in the case involving Ansad Badruddin and Firoz Khan, who have been in custody since February 2021.
The court noted that despite repeated directions to complete the trial quickly, only five of the 18 prosecution witnesses had been cross-examined. As many as 95 dates had been fixed for examining prosecution witnesses.
The court observed that there was “no likelihood” of the trial being completed in the near future and said the prolonged incarceration of the accused raised concerns about their fundamental right to a speedy trial under Article 21 of the Constitution.
Court Questions Delay in Examination of Witnesses
The High Court expressed surprise at the lack of progress despite its earlier directions to the trial court.
The court noted that while 11 witnesses had completed their examination-in-chief, only five had been cross-examined. The cross-examination of an important prosecution witness had extended to 35 pages but was still incomplete despite several opportunities, including an option to appear through video conferencing.
The bench questioned why effective steps had not been taken to ensure the appearance of prosecution witnesses.
The court said the delay was significant because the accused had already spent more than five years in custody. It held that prolonged detention, combined with the slow pace of the trial, could justify bail even in cases involving stringent provisions of the Unlawful Activities (Prevention) Act (UAPA).
The judges relied on the Supreme Court’s earlier ruling in Union of India v. K.A. Najeeb, which recognised that the right to a speedy trial can become a ground for bail when incarceration is prolonged and the trial shows little progress.
What the Prosecution Alleged
Badruddin and Khan face charges under several provisions of the IPC, UAPA and the Explosive Substances Act.
According to the prosecution, Badruddin was allegedly found with a .32-bore pistol, six live cartridges, nine rods of explosives and two explosive devices fitted with electric detonators. Explosive material and red-coloured wire were allegedly recovered from Khan.
Investigators claimed that PFI members were planning to meet at Kukrail Picnic Spot in Lucknow to carry out attacks and spread fear. The prosecution alleged that Hindu religious leaders and sensitive locations in Uttar Pradesh were among the intended targets.
The explosives recovered in the case were later examined by the Forensic Science Laboratory in Agra and identified as PETN.
The accused, however, argued that their prolonged incarceration and the slow progress of the trial violated their constitutional right to a speedy trial.
Bail Granted With Conditions
The High Court set aside the earlier order of the Special Judge-NIA, Lucknow, which had rejected their bail plea, and directed their release.
The two men must furnish a personal bond of ₹5 lakh each along with two sureties of the same amount. They have also been directed to report to the Anti-Terrorist Squad every fortnight and cannot leave Uttar Pradesh without the court’s permission.
The High Court further directed the trial court to proceed with the case expeditiously and avoid unnecessary adjournments.
The bail order does not amount to an acquittal. The allegations against the two men will continue to be decided during the ongoing trial.
