Jammu, Feb 17, KDC: The High Court of Jammu & Kashmir and Ladakh has granted bail to 21-year-old woman in a case registered under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA), observing that the material on record does not prima facie establish her intent to further terrorist activities.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar allowed the criminal appeal and set aside the July 7, 2025 order of the 3rd Additional Sessions Judge, Jammu (Special Judge under the NIA Act), which had rejected her bail plea.
Shabnam Akhter, a resident of Bhall in Mahore tehsil of Reasi district, has been in custody since September 15, 2022. She was arrested in connection with FIR No. 109/2022 registered at Police Station Mahore. The FIR invoked Sections 120-B and 122 of the IPC, multiple provisions of the UAPA, along with sections of the Explosive Substances Act and Arms Act.
According to the prosecution, her husband Zaffer Iqbal was allegedly linked with the banned outfit Lashkar-e-Taiba and had received arms, ammunition and cash, allegedly through a Pakistan-based handler. During investigation, police claimed recovery of two Glock pistols, ammunition, a hand grenade and ₹1.81 lakh in cash.
The prosecution alleged that part of the recovered cash had been handed over to Shabnam Akhter for safekeeping and that ₹1 lakh was later deposited in her bank account as a fixed deposit receipt (FDR). She was subsequently charged under Sections 13, 38 and 40 of the UAPA for alleged support to a terrorist organisation.
While examining the record, the High Court, according to news agency Kashmir Dot Com (KDC), noted that apart from the recovery of ₹1.81 lakh from her parental house — allegedly at her instance — there was no material indicating that she had direct contact with any handler or had prior knowledge of the alleged terror consignment.
The Bench observed that all communications with the alleged handler were between the co-accused and third parties, and that the appellant had been married barely a month prior to her arrest. The Court held that mere custody of cash, without evidence of intent to further terrorist activities, does not automatically attract offences under Sections 38 and 40 of the UAPA.
Referring to Supreme Court rulings including NIA v. Zahoor Ahmad Shah Watali, Union of India v. K.A. Najeeb, Gurwinder Singh v. State of Punjab, and Thwaha Fasal v. Union of India, the High Court reiterated that while the bar under Section 43-D(5) of the UAPA is stringent, courts must still assess whether accusations are prima facie true.
The Court concluded that there were no reasonable grounds to believe the accusations against her were prima facie established.
Allowing the appeal, the High Court directed that she be released on bail subject to furnishing a personal bond of ₹1 lakh with two sureties of the like amount, appearing before the trial court on every date of hearing, not leaving the territorial jurisdiction of the Union Territory of Jammu & Kashmir without prior permission; and not indulging in any similar offence.
The appeal stands disposed of and the order has been communicated to the trial court for compliance. (KDC)
