On 23rd September, a bench of Gauhati High Court consisting of Justice Hitesh Kumar Sarma granted bail to accused by the name of Maqbool Alam who was booked under UAPA Act for lauding Tehreek-e-Taliban through a Facebook post. The bench reasoned that on going through the hard copy of the Facebook posts allegedly posted by the petitioner it did not appear to the Court that there was anything as such in the posts requiring further custodial detention of the petitioner beyond 31 days, in the interest of investigation of the case.
FACTS OF THE CASE:
The present application was filed under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Maqbool Alam, in connection with Basistha P.S. Case No.1562/2021, registered under Sections 120(B)/153 A(1)(a) and (c)/298/505 (1)(b)(c)/505(2) of the Indian Penal Code, 1860, read with Section 66 of IT Act, 2000 and Section 39 of the Unlawful Activities (Prevention) Amendment Act, 1967, as per provision of Section 43 of Unlawful Activities (Prevention) Amendment Act, 1967.
OBSERVATION AND ORDER OF THE COURT:
The Court on pursuing the FIR found that on the petitioner had praised and glorified Tehreek-e-Taliban, i.e. a terrorist organization, who had engaged in a war to throw out a democratically elected government in Afghanistan and have also targeted Indian citizens through violent means.
Thus, finding that the petitioner has not posted anything that requires further custodial detention of the petitioner beyond 31 days, in the interest of investigation of the case, the bench found it proper to grant him bail.
In the light of the above, the application for bail of the Petitioner was disposed of at the motion stage itself with the direction that he be released on bail in on furnishing bail bond of Rs.10,000/- with one suitable surety of the like amount, to the satisfaction of Learned Chief Judicial Magistrate, Kamrup (Metro) at Guwahati.
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