The Punjab and Haryana High Court on Monday granted bail to Ashish Kumar, an accused in a case registered under the Unlawful Activities (Prevention) Act (UAPA), citing inordinate delay in trial proceedings and lack of substantial evidence.
A division bench of Justice Deepak Sibal and Justice Lapita Banerji observed that despite Kumar being in custody for more than five-and-a-half years, only one out of 40 prosecution witnesses had been examined so far. The court said the prolonged delay had marred the case and left it with “no other option but to release the appellant on bail.”
The bench highlighted serious lapses in the investigation, noting that the main co-accused named in the February 2020 FIR had not been arrested even though the challan was filed as early as March 2021. Moreover, no effort was made to interrogate the primary accused currently lodged in Tihar Jail in connection with another case.
“No reasonable explanation has been provided as to why the main co-accused has not been arrested in the present case and why custodial interrogation has not been done till date,” the bench remarked.
The case against Kumar stemmed from allegations that he supplied illegal arms to associates for offences such as murder, dacoity, loot, and extortion. However, the bench pointed out that Kumar’s arrest was based solely on secret information given by a police official, and the only material evidence produced so far were statements of chance witnesses.
“Link evidence has not been established to connect the appellant to the commission of any crime, more so to a crime/offence showing his involvement under the UAPA,” the court noted, adding that the State counsel failed to present further corroborative evidence.
The FIR was registered in Mohali on February 5, 2020. Charges under the Indian Penal Code (IPC), the Arms Act, and UAPA were framed in April 2023. Kumar had earlier challenged the January 8, 2024, order of the Mohali Additional Sessions Judge dismissing his bail plea.
