Punjab & Haryana HC Grants Bail in UAPA Case After 5-Year Custody

The probe was conducted by the National Investigation Agency (NIA).

The high court observed that no incriminating material was found against the accused Jagwinder Singh. It also noted that he has been in custody for over five years, with the end of the trial nowhere in sight.

"The allegation against the appellant was that he had watched a video of Gurpatwant Singh Pannu and indoctrinated his cousin Inderjit Singh (the main accused) to support the formation of a separate State of Khalistan and aided/abetted hoisting of the Khalistan flag on the top floor of DC's office," a bench of Justice Deepak Sibal and Justice Lapita Banerji observed.

"Apart from one phone call on the day previous to the commission of offence… nothing else has been brought on record," it said.

The bench said that no evidence was brought on record to corroborate the radicalisation and indoctrination of youth by the accused-appellant.

Further, it noted that no recovery was made from him other than his mobile phone.

"In the present case, no worthwhile material to show meeting of minds/criminal conspiracy has been brought on record by the prosecution, at this stage," the judges said.

In August 2020, two people entered the administrative complex of the Deputy Commissioner's office in Moga. They allegedly went to the top floor and hoisted a saffron/yellowish flag, with Khalistan written on it, on an iron pole already fixed there. It was alleged that the accused had taken down the Indian national flag, on the ground floor, by cutting its rope.

The trial court had denied bail to Jagwinder Singh in June 2024, leading to the filing of an appeal before the high court. A case under the provisions of the Indian Penal Code, the UAPA, and other special laws was initially registered by the Punjab Police.

- IANS