CAA Protests: "His Movement Could Be Controlled Through Suitable Conditions": Allahabad High Court Grants Bail To Student Activist

The Bench of Justice Mohd. Faiz Alam Khan granted bail to Activist Nitin Raj, U.P. vice-president of the All-India Students Association (AISA) while noting that his presence and the movement could be controlled by imposing suitable conditions.

Case against him

The FIR filed against Nitin Raj alleged that he, along with other co-accused persons participated in 'Dharna Pardarshan' against the passage of CAA and by his acts, the smooth flow of traffic was obstructed and that they were also posting inflammatory posts on social media.

The case against him has been registered under Sections 145, 147, 149, 188, 353, 283, 427, and 505 (B) IPC and under Section 7 Criminal Law Amendment Act.

It was submitted by his Counsel that in view of COVID-19 Pandemic, the applicant was released from the prison on 16^th March 2020, however, he again surrendered before the trial court on 12^th January 2021 and since then he is lodged in jail.

It was also submitted that he is a student and is having no criminal antecedents and as the charge sheet has already been submitted, no useful purpose shall be served by further detention of the applicant in the prison.

On the other hand, the A.G.A., opposed his prayer for bail on the ground that the applicant has taken part in the protests against the Citizenship Amendment Act passed by the Parliament and had created law and order situation at and around a heritage site and also obstructed the smooth flow of the traffic and also had altercations with by the local police and having regard to the seriousness of the matter, he is not entitled to be released on bail.

Court's observations

Having heard submissions made by the counsel for the parties and having perused the record, the Court opined that nothing has been mentioned in the counter affidavit filed by the State whereby it may be inferred that during the release of the applicant from prison on 18^th March 2020 he had indulged himself in any unsocial and unlawful activity.

Further, the Court noted that the Charge sheet in the matter has already been filed and that his presence and the movement of the applicant could be controlled by imposing suitable conditions.

His bail application was, thus, allowed and it was directed that he be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.

Case title - Nitin Raj v. State of U.P. [BAIL No. - 1536 of 2021]

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