Lucknow: A Lucknow bench of Allahabad high court has granted bail to two alleged members of the Popular Front of India (PFI), saying that despite specific directions issued twice to conclude their trial expeditiously, only five of the 18 prosecution witnesses had been examined and there was no likelihood of the trial ending in the near future.The court held that prolonged incarceration coupled with slow trial entitled the accused to the benefit of their fundamental right to speedy trial under Article 21 of the Constitution.A bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra passed the order on the criminal appeal of Ansad Badruddin and Firoz Khan, who have been in custody since Feb 2021.The court noted that 95 dates had been fixed for examination of prosecution witnesses, but only 11 witnesses had completed examination-in-chief and just five had been cross-examined. The key witness had appeared for chief examination, with his cross-examination running into 35 pages, but it remained incomplete despite several opportunities, including through video conferencing.The court expressed surprise at the prosecution’s failure to take effective steps for examination of its witnesses and said such inaction indirectly benefited the accused despite the stringent bail restrictions under Section 43-D(5) of the UAPA.The court set aside the NIA court’s May 2024 order and directed release of both appellants on bail, subject to conditions including fortnightly attendance before ATS, no unnecessary adjournments and personal appearance on key trial dates.
