Siddique Kappan SC Bail in UAPA

1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2022

(Arising out of SLP (Crl.) No.7844 of 2022)
SIDHIQUE KAPPAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondent
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 02.08.2022
passed by the High Court of Judicature at Allahabad, Lucknow Bench,
Lucknow in Criminal Miscellaneous Bail Application No.1612 of 2022.
The appellant was taken in custody on 06.10.2020 and since
then has been in custody in connection with Crime No.199/2020
registered with Police Station Maanth, District Mathura, Uttar
Pradesh in respect of offences punishable under sections 153A,
295A, 120B of the Indian Penal Code, Sections 17 and 18 of Unlawful
Activities (Prevention) Act, 1967 and sections 65 and 72 of the
Information and Technology Act, 2000.
Notably, charge-sheet has already been filed on 02.04.2021.
However, the matter has not been taken up for consideration whether
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2022.09.09
charges need to be framed or not.
17:59:21 IST
Reason:
2
The application seeking relief of bail preferred by the
appellant having been rejected by the High Court vide judgment and
order presently under challenge, the instant appeal has been
preferred.
We have heard Mr. Kapil Sibal, learned Senior Counsel for the
appellant and Mr. Mahesh Jethmalani, learned Senior Counsel for the
respondent State.
We have been taken through some of the documents placed on
record. At this stage we refrain from dealing with and commenting
upon the progress and investigation and material gathered by the
prosecution in support of its case as the matter is still to be
taken up at the stage of framing of charges.
However, considering the length of custody undergone by the
appellant and in the peculiar facts and circumstances we direct as
under :
A. The appellant shall be produced before the concerned
Trial Court within three days from today; and the
Trial Court shall release him on bail, subject to
such conditions as the Trial Court may deem
appropriate to impose to ensure presence and
participation of the appellant in the matter pending
before it.
B. It shall be the conditions of bail :
i. Upon release, the appellant shall stay in the

3
city of Delhi and within the jurisdiction of
Nizamuddin police Station and shall not leave
the city of Delhi without express permission of
the trial court; that the appellant shall
record his presence in the concerned police
station every Monday in a register maintained
for the purpose; that this condition shall be
applicable for first six weeks from the date of
release.
ii. After six weeks, the appellant shall be at
liberty to go back to his native place and stay
at Mallapuram in Kerala but shall report at the
local police station in similar fashion that is
to say on every Monday and mark his presence in
the register maintained in that behalf.
C. As permitted by the Trial Court, the appellant shall
either in person or through a lawyer attend the
proceedings before the trial court on every single date.
D. The appellant shall deposit his passport if not already
deposited with the investigating machinery before his
actual release.
E. The appellant shall not misuse his liberty in any
manner and he shall not be in contact with any person(s)
connected with the present controversy in question.

4
Mr. Kapil Sibal, learned Senior Counsel has pointed out that
after his apprehension in the present matter, the proceedings under
the Prevention of Money Laundering Act, 2002 have also been
initiated against the appellant, in connection of which the
appellant may be required to attend the proceedings or to apply for
bail.
The appellant shall be entitled to initiate such proceedings
and to that extent, the conditions stipulated in direction B above,
shall stand relaxed.
With these observations, the appeal is allowed to the extent
indicated above.
............................J.
(UDAY UMESH LALIT)
............................J.
(S. RAVINDRA BHAT)
............................J.
(PAMIDIGHANTAM SRI NARASIMHA)
New Delhi,
September 09, 2022
5
ITEM NO.27 COURT NO.1 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).7844/2022
(Arising out of impugned final judgment and order dated 02.08.2022

in CRMBA No.1612/2022 passed by the High Court of Judicature at
Allahabad, Lucknow Bench)
SIDHIQUE KAPPAN Appellant(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
(With IA No. 121727/2022 - EXEMPTION FROM FILING C/C OF THE

IMPUGNED JUDGMENT and IA No. 121728/2022 - EXEMPTION FROM FILING
O.T. and IA No. 121729/2022 - PERMISSION TO FILE LENGTHY LIST OF
DATES)
Date : 09-09-2022 The matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Appellant(s) Mr. Kapil Sibal, Sr. Adv.

Mr. Haris Beeran, Adv.
Mr. Mushtaq Salim, Adv.
Mr./Ms. Koshy John, Adv.
Mr. Usman Ghani Khan, Adv.
Mr. Azhar Assees, Adv.
Mr. Saiee Godbole, Adv.
Mr. Rishabh Parikh, Adv.
Ms. Rupali Samuel, Adv.
Ms. Pallavi Pratap, AOR
For Respondent(s) Mr. Mahesh Jethmalani, Sr. Adv.

Ms. Garima Prashad, AAG/Sr. Adv.
Ms. Ruchira Goel, AOR
Mr. Shantanu Singh, Adv.
Mr. Ravi Sehgal, Adv.
Mr. Ajay Awasthi, Adv.
Mr. Mughal Pande, Adv.
Ms. Siya Chaudhry, Adv.
Mr./Ms. Wedo Khalo, Adv.
6
UPON hearing the counsel the Court made the following

O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Pending interlocutory application(s), if any, shall also stand
disposed of.
(SANJAY KUMAR-II) (VIRENDER SINGH)

ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed Order is placed on the file)

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1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2022

SIDHIQUE KAPPAN Appellant

STATE OF UTTAR PRADESH Respondent

This appeal challenges the judgment and order dated 02.08.2022

passed by the High Court of Judicature at Allahabad, Lucknow Bench,

Lucknow in Criminal Miscellaneous Bail Application No.1612 of 2022.

The appellant was taken in custody on 06.10.2020 and since

then has been in custody in connection with Crime No.199/2020

registered with Police Station Maanth, District Mathura, Uttar

Pradesh in respect of offences punishable under sections 153A,

295A, 120B of the Indian Penal Code, Sections 17 and 18 of Unlawful

Activities (Prevention) Act, 1967 and sections 65 and 72 of the

Information and Technology Act, 2000.

Notably, charge-sheet has already been filed on 02.04.2021.

The application seeking relief of bail preferred by the

order presently under challenge, the instant appeal has been

We have been taken through some of the documents placed on

record. At this stage we refrain from dealing with and commenting

upon the progress and investigation and material gathered by the

prosecution in support of its case as the matter is still to be

taken up at the stage of framing of charges.

However, considering the length of custody undergone by the

appellant and in the peculiar facts and circumstances we direct as

A. The appellant shall be produced before the concerned

Trial Court within three days from today; and the

Trial Court shall release him on bail, subject to

such conditions as the Trial Court may deem

appropriate to impose to ensure presence and

participation of the appellant in the matter pending

B. It shall be the conditions of bail :

i. Upon release, the appellant shall stay in the

city of Delhi and within the jurisdiction of

Nizamuddin police Station and shall not leave

the city of Delhi without express permission of

the trial court; that the appellant shall

record his presence in the concerned police

station every Monday in a register maintained

for the purpose; that this condition shall be

applicable for first six weeks from the date of

ii. After six weeks, the appellant shall be at

liberty to go back to his native place and stay

at Mallapuram in Kerala but shall report at the

local police station in similar fashion that is

to say on every Monday and mark his presence in

the register maintained in that behalf.

C. As permitted by the Trial Court, the appellant shall

either in person or through a lawyer attend the

proceedings before the trial court on every single date.

D. The appellant shall deposit his passport if not already

deposited with the investigating machinery before his

E. The appellant shall not misuse his liberty in any

manner and he shall not be in contact with any person(s)

connected with the present controversy in question.

after his apprehension in the present matter, the proceedings under

the Prevention of Money Laundering Act, 2002 have also been

initiated against the appellant, in connection of which the

appellant may be required to attend the proceedings or to apply for