Allahabad HC Grants Pre Arrest Bail To Shia Leader Accused Of Ransacking Police Chowkis During Anti-CAA Protests

The Allahabad High Court on Tuesday granted pre-arrest bail to Shia leader Dr. Syed Kalbe Sibtain @ Noori booked under various sections of the Indian Penal Code for allegedly ransacking police chowkis during the Anti-CAA protests that took place in December 2019.

The Bench of Justice Krishan Pahal granted bail to Dr. Noori in view of the law laid down by the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It may be noted that Dr. Noori is the son of a renowned scholar and cleric of the Shia Community, Kalbe Sadiq who has been awarded Padma Bhushan.

Essentially, as per the prosecution story, 26 named persons and more than two thousand other persons have been accused of ransacking two police chowkis on December 19, 2019 during the Anti-CAA protests.

Dr. Noori along with many others was booked under Sections 147, 148, 149, 152, 323, 504, 506, 333, 427, 436, 307, 353, 188, 120-B, 395, 145 IPC and Section 7 Criminal Law Amendment Act, and Section 3/4 Prevention of Damages to Public Property Act and Section 5 Explosive Substances Act by the Lucknow police.

Moving to the Allahabad HC seeking anticipatory bail, the counsel for Dr. Noori submitted that he is not named in the FIR and has been falsely implicated at the instance of local politicians.

It was further submitted that he was granted interim protection vide order dated 15.7.2021 passed by the HC and he had not misused the said protection granted to him. Further, it was also informed to the Court that the other co-accused person had already been enlarged on anticipatory bail.

On the other hand, the A.G.A. submitted that since the applicant is the mastermind of the said offence and he is personally responsible for ransacking the police chowkis and the public property, therefore, he should not be granted bail.

However, the Court came to the conclusion that he was entitled to bail and ordered that in the event of his arrest, he be released forthwith on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned.

Case title - Dr. Syed Kalbe Sibtain @ Noori v. State Of U.P. Thru Prin. Secy. Home. Lko And Another

Citation: 2022 LiveLaw (AB) 138

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