Alleged Anti-CAA Protester Who Spent Over 26 Months In Jail Granted Bail By Allahabad High Court
The Allahabad High Court granted bail to an alleged Anti-CAA Protester, Haseen Alias Ishu, after 26 months of being arrested by the Kanpur Police.
The Bench of Justice Manish Mathur while granting bail, observed that the applicant has not been named in the FIR and that there has been no evidence on record to indicate that he was a part of mob which participated in the Protest.
The alleged accused was in jail since August 22, 2020 for allegedly participating in the ruckus which took place on December 20, 2019 at Kanpur Nagar against the implementation of the Citizen Amendment Act in which people lost lives due to indiscriminate firing caused by the assailants and by the Police.
The alleged accused was booked under Sections 147, 148, 149, 332, 353, 336, 307, 188, 427, 34, 109, 302, 120B I.P.C.; Section 3/4 Prevention of Damage to Public Property Act, 1984; Section 7 Criminal Law Amendment Act, 1944 and Section 27 Arms Act, 1959.
Advocates Mir Sayed and Padmaker Pandey appeared for the applicant and argued that F.I.R. was lodged against eight nominated persons; 4000-5000 unknown persons and four nominated co-accused, have been enlarged on bail by this Court. It was also argued that initially, F.I.R. was lodged under Section 307 I.P.C., thereafter, Section 302 I.P.C. has been added. It was also argued that the applicant was not present at the place of occurrence and that there is no motive with regard to the commission of offence.
G.A. appeared on behalf of the State and opposed the Bail Application but could not dispute the facts as argued by the counsel for the applicant.
Accordingly, the Court granted bail to the alleged accused on the ground that the applicant has not been named in the FIR and at this stage there does not appear to be any evidence whereby the applicant could be identified as a part of mob. Moreover, the Court noted that the trial has not commenced against the alleged accused and directed him to be released on furnishing a personal bond and two sureties.
Cause Title- Haseen Alias Ishu v. State of U.P