Madhya Pradesh High Court Grants Bail In UAPA Case, Says Seminar Attendance Alone Insufficient To Establish Terror Links

The Madhya Pradesh High Court has granted bail to three accused persons booked under the Unlawful Activities (Prevention) Act, 1967, holding that mere participation in seminars, without credible material showing involvement in terrorist activities or conspiracy, cannot attract the stringent bail-restricting provisions of the Act. The ruling came in Sheikh Juned v. National Investigation Agency, decided by a Division Bench of Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen.

The appeals were filed under Section 21(4) of the National Investigation Agency Act, 2008, challenging the rejection of bail by the Special NIA Court, Bhopal. The NIA alleged that the accused were radicalised individuals connected to unlawful activities through witness statements, call detail records, and recovered literature.

However, the appellants argued that no incriminating material had been recovered except photocopies of Islamic literature and that their alleged involvement was sought to be established primarily through third-party communications.

During the hearing, the NIA admitted that no substantive material admissible under Section 27 of the Evidence Act had been recovered and that one accused had not been arrested based on intercepted communications. Referring to the Supreme Court’s decision in Vernon v. State of Maharashtra, the High Court observed that there was no prima facie evidence of conspiracy or commission of a terrorist act under Chapters IV and VI of the UAPA. The Court further noted that the trial was likely to take considerable time and consequently granted bail to all three appellants subject to strict conditions, including surrender of passports and mandatory appearance before the trial court.