Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque

The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505(2) I.P.C.

“In the event of arrest of the applicant- Digvijay Chaube, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned…,” the Court ordered.

After the registration of the FIR, he moved the High Court through his counsel arguing that on account of political rivalry, the intent F.I.R. was lodged against Arun Pathak, who is the President of Vishwa Hindu Sena.

It was further stated that the applicant has not been named in the F.I.R. but during the investigation, his name was brought to light though there is no any evidence to show the complicity of this applicant.

Lastly, it is submitted that the applicant is under the apprehension of imminent arrest, and in case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

On the other hand, the state’s counsel opposed the grant of anticipatory bail.

However, considering the facts and circumstances of the case, submissions made by the counsel for the applicant as well as the A.G.A., the Court found the applicant to be entitled to anticipatory bail in the case for the limited period considering the exception considered by the Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

Appearances

Counsel for Applicant: R. B. Singh

Counsel for Opposite Party: G.A.

Case title - Digvijay Chaube vs. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10053 of 2022]

Case Citation: 2023 LiveLaw (AB) 31

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