The order was passed by the Lucknow bench of the court on Friday.
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Lucknow (UP): The Allahabad High Court has granted default bail to Kamal KP, who is allegedly an active member of banned organisation Popular Front of India (PFI).
The order was passed by the Lucknow bench of the court on Friday.
In its order, a division bench of Justices A R Masoodi and Mohammad Faiz Alam Khan has advised the NIA court to adopt a more nuanced approach in cases involving fundamental rights.
Kamal KP was arrested in March 2023 in connection with alleged attempts to incite riots in Hathras, Uttar Pradesh last year. He was apprehended on the basis of evidence gathered during the investigation of Siddique Kappan, another accused in the case.
The accused's lawyer pointed out that his client was entitled to default bail as 90 days had passed since his arrest and a chargesheet was not filed. However, the special court had rejected his application, the lawyer said.
The government counsel opposed the bail plea, claiming that an extension for investigation was granted before the 90-day deadline and the chargesheet was subsequently filed within 180 days.
The high court, in its order, noted that the special court granted the extension for investigation on June 5, 2023, after the 90-day period had elapsed. Therefore, it concluded that Kamal KP was eligible for default bail and ordered his release.