The Delhi High Court has granted bail to Mohd Shahzad Kamal, who had spent more than five years in custody as an undertrial in a case linked to alleged activities of Harkat-ul-Harb-e-Islam (HuHI), described by the National Investigation Agency (NIA) as a self-financed, pro-Islamic State (ISIS) module.
A Division Bench of Justices Navin Chawla and Arun Bhardwaj passed the order on Thursday, setting aside a May 2024 order of the Special NIA Court that had rejected Kamal’s bail plea.
Kamal has been in judicial custody at Tihar Jail since his arrest on August 31, 2021. He faces charges under Section 121 of the Indian Penal Code and Sections 17, 18, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967.
Court Considers Prolonged Incarceration
While granting bail, the High Court took note of the length of Kamal’s custody and the time likely to be required for the trial.
The Bench observed that Kamal had already spent more than five years in jail while continuing to be presumed innocent. It also noted that the trial was unlikely to conclude in the near future.
The court said continued detention in such circumstances could effectively amount to punishment before conviction.
The Bench also noted that some other accused in the same case had already been granted bail, bringing the principle of parity into consideration.
Court Notes Evidence Concerning Chats
The High Court also considered allegations relating to incriminating chats that the prosecution relied upon in the case.
At the bail stage, the court observed that there was no positive evidence establishing that the chats had originated from Kamal or had been addressed to him.
The Bench considered these circumstances along with the constitutional guarantee of a speedy trial under Article 21 and the stringent bail requirements under the UAPA.
The court clarified that these observations were made only for deciding the bail application and should not be treated as findings on the merits of the prosecution’s case.
Bail Subject to Conditions
The High Court directed Kamal’s release on bail subject to several conditions.
He has been ordered to furnish a personal bond of ₹50,000 along with two sureties of the same amount. He must surrender his passport and cannot leave India without permission.
The court has also restricted him from travelling outside Hapur district in Uttar Pradesh without prior permission. He must regularly appear before the trial court and report periodically to the concerned NIA branch.
Kamal has been barred from contacting witnesses or co-accused and from making public statements about the merits of the case, evidence, witnesses or the ongoing trial.
He has also been directed not to tamper with evidence or interfere with the proceedings. Any violation of the conditions could lead to an application for cancellation of his bail.
Trial to Continue
The NIA has alleged that Kamal was involved in a conspiracy linked to HuHI and provided funds for the group’s activities. The allegations will be examined during the trial.
The trial will continue before the Special NIA Court.
Kamal was represented by advocates Jawahar Raja, Archit Krishna, Tamanna Pankaj, Nitai Hinduja, Ishan Goel and Ashutosh Shukla.
