J&K&L High Court Grants Bail Under UAPA, Citing Lack of Evidence

The Jammu & Kashmir and Ladakh High Court granted bail to an accused charged under the Unlawful Activities (Prevention) Act, 1967. The court ruled that the appellant overcame the strict bail conditions under Section 43-D(5) of the Act. This decision was based on the fact that the only evidence against him was a disclosure statement made by a co-accused.

The appeal was filed against a trial court order that had rejected bail in a case registered under the UAPA and other laws. The Division Bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, set aside the trial court's order. They noted that no incriminating material was recovered from the appellant himself.

The court observed that the appellant was implicated solely based on a statement from Hafiz Abdullah Malik, who was arrested as a militant. Malik stated the appellant worked as an Over Ground Worker. The High Court found no other material linking the appellant to the alleged offenses.

The court also considered the prolonged incarceration of nearly four and a half years. It noted the slow trial progress, with only 13 out of 30 witnesses examined. These factors were deemed relevant for granting bail.

While acknowledging the stringent bail provisions under UAPA, the court concluded the appellant successfully crossed the statutory hurdle. It found no risk of the appellant hampering the trial or influencing witnesses. The court granted bail to Burhan Ahmad Mattoo subject to specific conditions.