HC grants bail to teacher booked in 2021 terror plot case, says prosecution failed to prove his terror connection 

The probe agency had alleged that Shaikh had links with fugitive Chhota Shakeel. The agency claimed that Shaikh was given shelter by Momin, who helped destroy his phone and booked him under Section 19, which stipulates punishment of three years and extending up to life imprisonment of Unlawful Activities (Prevention) Act (UAPA).

The high court, while allowing Momin’s appeal against April 2023 order of the special court that rejected his bail application, observed that the “prosecution has failed to point out any material to show that Momin was aware of Zakir’s activities or that the appellant had participated in/was aware of any terrorist activities.”

It added that the appellant is in custody for almost three years and the trial against him has not commenced as yet and the charge has not been framed in the case till date. It also noted that “appellants’ role is at par with co-accused–Mohammed Irfan Rehmatali Shaikh, who has been granted bail.”

A division bench of Justices Revati Mohite-Dere and Gauri V Godse passed a verdict on July 25, a copy of which was made available on Thursday.

Advocate Mubin Solkar for Momin sought bail on the grounds of parity with a co-accused who was granted bail by HC last year.

He added that Momin, who was running coaching classes for students, had allowed Zakir to stay at his residence for a night in good faith and had no knowledge of Zakir being involved in any terrorist activities and was wrongly implicated in the case without having any criminal antecedents.

“As far as Call Data Records (CDRs) are concerned, mere exchange of calls between the appellant and Zakir cannot be said to be incriminating, more particularly, when there is no other evidence to show that the appellant had also not made calls to the wanted accused,” the bench observed.

It added that the “appellant, a teacher-cum-social worker was distributing essential goods to the needy during the Covid-19 time and that during the said time, was using Zakir’s auto-rickshaw to ply the said goods.”

The bench held, “Considering the material on record and having perused the statements, we are prima facie of the view that the circumstances relied upon by the prosecution are not of such a nature, so as to sustain a reasonable belief that the accusations against the appellant are prima facie true. Thus, there is no impediment to grant bail under Section 43-D (5) of the UAPA,” the bench held.

It directed Momin to be enlarged on bail on executing a personal bond of Rs 50,000 with sureties of same amount and asked him to visit the office of National Investigation Agency (NIA), Mumbai every month till the conclusion of the trial. The HC also asked him not to leave the jurisdiction of special NIA court, Mumbai, without its prior permission.