[Anti CAA Protests] Allahabad High Court Grants Pre Arrest Bail To Man Accused Of Raising Anti-National Slogans

The Allahabad High Court on Tuesday granted anticipatory bail to a man named, Mohammad Kaif who has been accused of trying to incite religious sentiments by raising anti-national slogans during Anti-CAA protests.

The Bench of Justice Raj Beer Singh considered the settled principle of law regarding anticipatory bail along with the submissions of the counsel for the parties, nature of the accusation, the role of the applicant, and all attending facts and circumstances of the case, and opined that a case for anticipatory bail was made out.

Essentially, Kaif had moved the court seeking anticipatory bail in a case under Sections 147, 148, 149, 188, 153A, 298, 304, 332, 353 I.P.C. and Section 7 of Criminal Law Amendment Act.

It was argued by the counsel for the applicant, Nabi Ullah that the applicant is innocent and he had an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him.

It was further submitted that the applicant had no criminal antecedents and that no coercive process had been issued against the applicant so far. It was also submitted that applicant is not named in FIR and that the FIR was lodged against 16 named and some unknown persons alleging that despite proclamation under Section 144 Cr.P.C., accused persons have tried to incite religious sentiments by raising anti-national slogans.

It was submitted that the applicant had been falsely implicated in this case during investigation merely on the basis of suspicion and that no specific role had been assigned to the applicant.

It was also submitted that similarly placed co-accused Ashraf and Ashraf Ali Khan have already been granted anticipatory bail by coordinating Benches of the Court. Lastly, the applicant undertook to co-operate during investigation and trial and to appear as and when required by the investigating agency or Court. 

While granting him bail, the Court referred to Apex Court's ruling in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, wherein it was held that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, the antecedent of accused, the possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration

The Court allowed the anticipatory bail plea on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station.

Case title - Mohammad Kaif v. State Of U.P And Another
Case citation: 2022 LiveLaw (AB) 41

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