The Lucknow Bench of the Allahabad High Court has granted bail to Azharuddin, a Muslim street vendor arrested in a 2022 Anti-Terrorism Squad (ATS) case registered under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code.
A division bench comprising Justice Rajesh Singh Chauhan and Justice Zafeer Ahmad set aside a September 2023 order of a Special Court in Lucknow that had rejected his bail plea.
The High Court observed that there was no independent material directly connecting Azharuddin to any terrorist act or unlawful activity.
Case Linked to 2022 ATS Investigation
The case relates to Crime No. 04 of 2022 registered by the ATS police station in Gomti Nagar, Lucknow. Investigators had alleged links between some accused persons and banned organisations, including Al-Qaeda in the Indian Subcontinent and Jamaat-ul-Mujahideen Bangladesh.
According to the prosecution, the accused were allegedly associated with unlawful activities linked to these groups.
However, Azharuddin’s counsel argued that the evidence against him was weak and largely based on statements rather than material proof.
Limited Recovery From Azharuddin
The defence told the court that only a pen drive, a mobile phone, and a book described by investigators as “jihadi literature” were recovered from Azharuddin.
His lawyer argued that major recoveries, including electronic devices and memory cards, were allegedly seized from a co-accused and not from him.
The High Court noted that allegations against Azharuddin were mainly based on statements made by co-accused persons and his own statement recorded while in police custody.
The bench observed that there was no independent evidence linking him to any unlawful activity or terror-related act.
Court Notes Length of Custody
The court also considered the period Azharuddin had already spent in custody and the lack of incriminating recovery from his possession.
Granting bail, the High Court directed him to cooperate with trial proceedings and not interfere with witnesses or evidence.
At the time of his arrest, Azharuddin reportedly earned his livelihood by selling helmets on the roadside and was the sole earning member of his family.
