Hathras arrests: Siddique Kappan's co-accused Mohammad Alam granted bail by Allahabad High Court

Mohammad Alam, one of the accused booked under the Unlawful Activities Prevention Act (UAPA) while on his way to Hathras along with journalist Siddique Kappan, has been granted bail by the Lucknow Bench of the Allahabad High Court [Alam @ Mohammad Alam v State of UP]..The order was pronounced by a bench of Justices Ramesh Sinha and Saroj Yadav on Tuesday afternoon stating that there appeared to be no complicity and involvement of the appellant with terrorist activities or any other activities against the nation."On the basis of material available on record upto this stage, there appears no reasonable ground for believing that the accusation against the appellant are prima facie, true," the Court said..The bench pointed that Alam's case was distinguished from Kappan's as incriminating material was allegedly recovered from Kappan's possession. "He (Kappan) is a press reporter and laptop and mobile phone recovered from his possession, incriminating articles and video clips etc. were found inter-alia. Admittedly, no such incriminating material was recovered from the possession of the present accused-appellant (Alam)," the Court noted..Mohammad Alam was the driver of the taxi taken by Kappan and two other accused to travel to Hathras for the purpose of reporting on the gang-rape and murder of a 19-year-old Dalit girl.Alam arrested along with the others in October 2020.He was charged under Sections 17 and 18 of the UAPA, Sections 124A (sedition), Section 153A (promoting enmity between different groups on ground of religion) and Section 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code, along with Sections 65 and72 of the Information Technology Act..The bench took note of the fact that the only evidence against Alam was that he paid about ₹2 lakh to one Mohd. Aneesh to purchase a car just few days before the incident and his relative was involved in the Delhi riots while protesting against the Citizenship Amendment Act. "In regard to the above two alleged evidences, the appellant has given a prima facie plausible explanation," said the court. It was recorded that the money paid by him was borrowed from his cousin, who has filed an affidavit explaining the source of money. As far as his relative with antecedents was concerned, he admitted that Danish was his cousin, but specifically denied any connection with the crime..Further, it was observed that no allegations were placed before the court to show that the appellant would terrorise witnesses or abscond if released. In view of the above, Alam was admitted to regular bail until conclusion of trial on furnishing a personal bond of ₹50,000..Earlier this month, the Allahabad High Court refused to grant bail to Kappan. Justice Krishan Pahal attributed the rejection of his bail plea to a prima facie case being established by the prosecution that his travel with co-accused, as well as tainted money being used by him and his colleagues, were crucial circumstances going against him.The Court had also reasoned that Kappan's defence that he was visiting Hathras to fulfil his journalistic duty was nullified by the claims made by the prosecution in the charge sheet..Advocates Amarjeet Singh Rakhra, Bashith Muni Mishra, Sheeran Mohiuddin Alavi and Saipan Shaikh appeared for the petitioner while Additional Government Advocate Umesh Chandra Verma appeared for the respondents. .[Read Order]