The Allahabad High Court on Monday granted bail to a student activist in connection with a case linked to protests against the Citizenship Amendment Act.
A Single-Judge Bench of Justice Mohd Faiz Alam Khan passed this order while hearing a bail plea filed by Nitin Raj.
The bail application has been moved by the applicant for granting bail, in case under Sections 145, 147, 149, 188, 353, 283, 427, 505 (B) of Indian Penal Code and Section 7 of Criminal Law Amendments Act and Section 66 IT Act, Police Station Thakurganj, District Lucknow, during trial.
The counsel for the applicant submitted he was falsely implicated in the case and has not committed any offence as claimed in the FIR.
It is further submitted that allegations against the applicant in the FIR are that the applicant along with other co-accused was participating in protest against the Citizen Amendment Act being held at a heritage site, namely, Ghantaghar, and by his acts was also obstructing the smooth flow of traffic.
It is stated in the FIR that the applicant and other accused persons were also posting inflammatory posts on social media.
Highlighting the above factual matrix, it is submitted by counsel for the applicant that after lodging of the FIR chargesheet under Sections 145, 147, 149, 188, 353, 283, 427, and 505 (B) of IPC and under Section 7 Criminal Law Amendment Act has been submitted against the applicant and all the offences wherein the charge sheet has been submitted are punishable with less than 7 years imprisonment.
It is also submitted that in view of the Covid-19 pandemic, the applicant was released from prison on March 16, 2020. However, the applicant has again surrendered before the trial Court on January 12, 2021 and since then he is lodged in jail, however, in the period wherein the applicant was released from the prison, no
complaint of any kind has been made against the applicant by any one or by the informant, who is the S.H.O. of Police Station Thakurganj, Lucknow, pertaining to the conduct of applicant.
It is also submitted that the applicant 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.
A.G.A opposed the prayer for bail on the ground that the applicant has taken part in the protests against the Citizenship Amendment Act passed by Parliament and had created law and order situation at and around a heritage site. He 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.
The Court after hearing the submissions made by Counsel for the parties and having perused the record, held that it is evident in pursuance of the FIR lodged against the applicant on January 17, 2020 by the S.H.O. Thakurganj, Lucknow, he was arrested and sent to jail.
The applicant Nitin Raj involved in the case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the Court concerned subject to following conditions:‐
(i) The applicant shall not tamper with the prosecution evidence by intimidating pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge himself in any criminal activity or Commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail, the Court said.
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