Allahabad High Court
Musabbar vs State Of U.P. on 20 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2525 of 2021
Applicant :- Musabbar
Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Mishra
Counsel for Opposite Party :- G.A.,Azizur Rahman Khan
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, Sri Azizur Rahman Khan, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 329 of 2020, under Sections 147, 149, 152, 153A, 341, 124A, 504, 506, 269, 270, 188 IPC and Section 3 Mahamari Act, 1897, Police Station Shamshabad, District Farrukhabad.
Counsel for the applicant argues that the FIR in question has been lodged with malafide intention and the applicant has been falsely implicated. The averments made in the FIR states that the informant got information through social media on 4.11.2020 that one Nadeem Ahmad, who has been enlarged on bail, along with his accomplices including the applicant and accompanied by about 500 people, started sloganeering and were using abusive words, and were also carried out the said procession on the main road despite their being restrictions on account of Covid-19 pandemic. It was also alleged in the FIR that huge group of people were indulging in sloganeering and were using filthy words only with a view to incite communal hatred. They were also using words against the police. On account of the said inciting speeches made, there was a huge commotion and fear in the public in general. On the basis of said averments, the applicant has been arrested and is in jail since 7.11.2020.
A perusal of the FIR shows that the main allegations were made against one Nadeem Ahmad Faruqui and no specific role has been assigned as against the applicant coupled with the fact that he was only accomplice of the group of 500 people. The counsel for the applicant states that the applicant has no criminal history. Learned AGA has not disputed the averment with regard to criminal history. There is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case. He further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the prosecution evidence or witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the nature of the allegations and the fact that the applicant is in jail since 7.11.2020, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Musabbar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.1.2021
vinay
