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The Allahabad High Court at Lucknow has directed the State Government of Uttar Pradesh to file counter affidavit on the bail application filed by UAPA accused Siddique Kappan. Along with three others, Kappan was arrested in October 2020 in alleged Hathras conspiracy.

The bench of Justice Rajesh Singh Chauhan granted three weeks’ time to the State for filing the counter affidavit and categorically stated that no more time would be given.

Directing the matter to be listed on March 14, Court said, “On the next date, if the counter affidavit is not filed, the bail application may be heard and disposed of finally on the basis of material available on record and the arguments so advanced by learned counsel for the parties.”

Notably, the Additional Government Advocate had raised objections against the maintainability of Kappan’s bail plea. AGA had argued that since the F.I.R. in the case was lodged at Police Station Mant, District Mathura, and the investigation was also carried out there, therefore, his bail application should have been filed before the principal bench of the high court at Allahabad.

However, Kappan’s advocate had asserted that since, now the trial in this case is going on at a special National Investigation Agency (NIA) court in Lucknow, therefore, AGA’s objections were misconceived and the bail application should be entertained at Lucknow bench of the high court.

To this, court agreed with the argument of Kappan’s counsel and said that “since the trial of the present case is going on at Lucknow, therefore, the present bail application is liable to be entertained at Lucknow.

On December 13 last year, the local Court in Mathura had transferred the case against Kappan and seven others to the NIA, Special Court, Lucknow.

Kappan was arrested on October 5, 2020 when he was on his way to Hathras, Uttar Pradesh to meet the family of the victim of the alleged Hathras rape and murder case. Subsequently, he was booked under UAPA and sedition laws too. All the accused have been in judicial custody since then.

Kappan’s bail plea has earlier been rejected by the Mathura Court on July 6, 2021. He and others are facing charges under Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), section 124-A  (sedition), sections 153-A (promoting enmity between different groups on ground of religion), section 295A (deliberate and malicious acts intended to outrage religious feelings) of Indian Penal Code and section 65, 72 and 75 of the Information Technology  Act.

Case Title: Sidhique Kappan v. State Of U.P.Thru.Prin.Secy.Home Lko.