The Delhi High Court has granted bail to Mohd. Maroof, who has been in custody for over a decade in connection with a terror case. The case, registered under the Unlawful Activities (Prevention) Act (UAPA) by the Special Cell of Delhi Police in 2011, saw a breakthrough as the court considered the long period of incarceration and similarities with other cases in which Maroof had already been granted bail.
Court’s observations and decision
A division bench comprising Justice Prathiba M. Singh and Justice Dharmesh Sharma granted bail to Maroof, a resident of Jaipur, Rajasthan. While issuing the order, the court noted that the evidence presented by the prosecution was nearly identical to that in two other cases filed in Rajasthan’s Jaipur and Jodhpur, in which Maroof was already released on bail. This point was acknowledged by the Additional Public Prosecutor (APP).
The court ordered Maroof’s release upon furnishing a personal bond of ₹10,000 and two sureties of the same amount, with conditions including a travel restriction preventing him from leaving the country without court permission.
Defense arguments
Maroof’s legal team, led by Advocate M.S. Khan, argued that the chargesheets in the three cases were based on the same facts, which is legally impermissible. They highlighted the prolonged trial process, with over 220 witnesses listed and only 62 examined so far. Furthermore, the defense emphasized that ten co-accused had pleaded guilty and received sentences equivalent to their time already served, aligning with Maroof’s period of incarceration.
Prosecution's stand
APP Ritesh Bahri countered that the charges against Maroof were severe, alleging his involvement in planning a terror attack in Bharatpur, Rajasthan, and links with known terrorist Riaz Bhatkal. Bahri argued that substantial evidence, including email communication, implicated Maroof in the conspiracy.
The Delhi High Court’s decision marks a pivotal moment in the case, reflecting on legal precedents and Maroof’s extended custody. As the trial continues, the complexities of evidence and witness testimonies will play a crucial role in the final judgment.
