CAA-NRC Protest | 68 Y/O Advocate Accused Of Damaging Vehicles, Assaulting Public Servants Granted Pre Arrest Bail By Allahabad HC

The Allahabad High Court recently granted pre-arrest bail to two practising advocates accused of damaging vehicles and assaulting public servants during CAA-NRC Protests in 2019.

The bench of Justice Raj Beer Singh granted bail to 68-year-old Wajid Khan (having 40 years of practice experience as an advocate). The Court also granted bail to another advocate who is 60 years old.

Essentially, the applicants are facing multiple FIRs in connection with an incident that took place on December 2, 2019, accusing them of leading a mob comprising about 250-300 persons, who were armed with lathi sticks and rods and who damaged vehicles lying parked at the side of the road and they also assaulted the public servants.

Before the Court, their Counsel submitted that they have already been granted bail in the primary FIR [Case Crime No. 1132 of 2019] registered in connection with the December 2, 2019 incident on the basis of the statement of some co-accused persons.

It was further submitted that the applicants have been falsely implication in the instant case under Sections 147, 148, 149, 323, 336, 188, 427, 120B, 153A, 295A, 109 IPC, Section 3 of Prevention of Damages to Public Property Act and Section 7 of Criminal Law Amendment Act, P.S. Kotwali City, District Bijnor.

It was also informed to the Court that the instant case, as well as five more cases, are related to the incident of Case Crime No. 1132 of 2019 and in one of the similar cases i.e. Case Crime No. 1131 of 2019, the applicants have already been granted anticipatory bail.

It was further been submitted that applicants have no previous criminal antecedents and that the cases shown against them were registered subsequently. It was also pointed out that earlier the applicants were granted interim anticipatory bail vide order dated 06.01.2022 and that now the charge sheet has already been submitted.

In view of this, considering the submissions of the counsel for the parties, nature of accusations, and all attending facts and circumstances of the case, without expressing any opinion on the merit of the case, the Court held that a case for anticipatory bail was made out and hence, the bail application was allowed.

Case title - Wajid Advocate Alias Wajid Khan And Another v. State Of U.P. And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2650 of 2022]

Case Citation: 2022 LiveLaw (AB) 346

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