The Lucknow Bench of Allahabad High Court has granted bail to Azharuddin, a Muslim street vendor arrested in a 2022 Anti-Terrorism Squad (ATS) case registered under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code.
A division bench comprising Justices Rajesh Singh Chauhan and Zafeer Ahmad set aside a September 2023 order of a Special Court in Lucknow which had rejected his bail application. The High Court observed that there was no independent material linking Azharuddin to any terrorist act or unlawful activity.
In the case registered by the ATS police station in Gomti Nagar, Lucknow,investigators had alleged links between several accused persons and banned organisations, including Al-Qaeda and Jamaat-ul-Mujahideen Bangladesh.
According to the defence, the only items recovered from Azharuddin were a pen drive, a mobile phone and a book described as ‘jihadi literature’. His counsel argued that major recoveries, including electronic devices and memory cards, were allegedly made from a co-accused and not from him.
The High Court said the allegations against Azharuddin were largely based on statements made by co-accused persons and his own statement recorded during police custody. The bench recorded that no independent evidence connected him with any unlawful activity. The court also took note of the period he had spent in custody and the absence of incriminating recovery from his possession.