Supreme Court Upholds Bail for Saleem Khan, Denies Bail to Mohd. Zaid in UAPA Case.


The High Court of Karnataka, in its judgment partly allowed the Criminal Appeal No.130 of 2021. It granted bail to Saleem Khan (accused no.11) while rejecting bail for Mohd. Zaid (accused no.20) in a case involving alleged terrorism-related activities under the Unlawful Activities Prevention Act (UAPA) and Indian Penal Code (IPC).

The case stemmed from a 2020 FIR that involved 17 accused, including Saleem Khan and Mohd. Zaid, in connection with a terrorist network and related activities. The charges against Saleem Khan included his association with a non-banned organization, AL-Hind, whereas Mohd. Zaid faced charges of involvement with banned terrorist groups and activities on the dark web.


 

 

Both accused applied for bail, citing long detention without trial and lack of evidence linking them to the crimes. However, the State opposed bail, emphasizing the seriousness of the charges. The trial court initially rejected their bail applications in December 2020, and both accused appealed to the High Court.

The High Court granted bail to Saleem Khan, acknowledging the lack of evidence connecting him to a banned organization and noting the delays in the trial, which had not started even after 5.5 years. However, the Court refused bail to Mohd. Zaid, citing his involvement with banned groups and his role in illicit activities.

The Supreme Court upheld the High Court's decision, emphasizing the lack of trial progress and directed the trial court to expedite proceedings, ensuring the trial is concluded within two years. The Court further stated that Saleem Khan’s bail could be revoked if he delayed the trial.

Both appeals were dismissed, maintaining the High Court's orders.


Unlawful Activities (Prevention) Act, 1967  

Indian Penal Code, 1860