Wednesday, February 28, 2024

Allahabad High Court allows bail application of student accused in Friday violence after Namaz

The Allahabad High Court has allowed the bail application of the student who was in jail in the violence after Friday namaz in Atala on 10 June 2022.

A Single Bench of Justice RajBeer Singh passed this order while hearing a Criminal Misc Bail Application filed by Mohd Sajid.

It has been argued by the counsel for the applicant that the applicant is innocent and he has been falsely implicated in the case.

The first information report was lodged against 70 named and 5000 unknown persons, alleging that on 10.06.2022 after Friday namaz, the mob comprising accused persons, raised objectionable and inflammatory slogans against another religion committed riot and pelted stones and thereby damaged several properties and some police officials have sustained injuries.

Counsel submitted that the applicant is not named in the first information report. The applicant has been falsely implicated in this case during investigation, without there being any credible evidence against him.

Referring to facts of the matter, it is further submitted that involvement of applicant in the alleged incident, is highly disputed. No one has sustained any serious injury in the alleged incident. Further, similarly placed co-accused Aashif, Fazir Ali @ Fazil Ali and Faizan have already been granted bail by coordinate Benches of the Court.

Lastly, it was submitted that the applicant is languishing in jail since 12.06.2022 having no previous criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Additional Government Advocate has opposed the prayer for bail.

“Considering the submissions of the counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out”, the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant Mohd Sajid involved in Case under Sections 143, 144, 145, 147, 148, 149, 153A, 153B, 295A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120B IPC and Section 3/4/5 Explosive Substances Act and Section 7 Criminal Law Amendment Act and Section 83 of Juvenile Justice Act and Section 3/4 of Prevention of Damages to Public Property Act, P.S Kareli District Prayagraj, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant shall not tamper with the evidence during the trial.

2.The applicant shall not pressurize/ intimidate the prosecution witness.

3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the Court below shall be at liberty to cancel bail of applicant in accordance with law.


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