Allahabad High Court Grants Bail To Alleged Anti-CAA Protester Who Spent Over 26 Months In Jail

The Allahabad High Court on Tuesday granted bail to an alleged Anti-CAA Protesters, 26 months after he was arrested by Kanpur police. The bench of Justice Manish Mathur observed that the accused had not been named in the FIR and there was no evidence on record to indicate that he was a part of mob which particiapted in the protest.

The Court was essentially dealing with the bail plea of one Haseen Alias Ishu, who 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.

After being arrested, he 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.

Before the High Court, it was primarily argued by the the counsel for the petitioner that the F.I.R. was lodged against eight nominated persons and other 4000-5000 unknown persons and that four nominated co-accused have already been enlarged on bail by the coordinate benches of the High Court.

It was further argued that initially, the F.I.R. was lodged under Section 307 I.P.C., thereafter, Section 302 I.P.C. has been added even though the accused/applicant was not present at the place of occurrence.

In view of this and considering the fact that the applicant had not been named in the FIR and despite being in jail since 22.08.2020, the trial has not commenced agaisnt him, the Court  granted him bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Case title - Haseen Alias Ishu v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 35291 of 2020]

Case Citation: 2022 LiveLaw (AB) 484

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