Allahabad High Court grants pre-arrest bail to two Advocates accused of violent acts during 2019 CAA/NRC protests

The Allahabad High Court recently granted anticipatory bail to two advocates, accused of being involved in violent acts during the protests against the Citizen Amendment Act and NRC in year 2019.

The bench of Justice Raj Beer Singh ordered that in the event of arrest, 68-years-old Mohd. Wajid Khan and 60-years-old Mohd. Irshad Athar Siddique shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000.

The advocates moved an application seeking anticipatory bail in a case registered under Sections 147, 148, 149, 323, 336, 188, 427, 120B, 153A, 295A, 109 of the Indian Penal Code, Section 3 of Prevention of Damages to Public Property Act and Section 7 of Criminal Law Amendment Act, P.S. Kotwali City in Bijnor district of Uttar Pradesh. 

Allegedly, on December 2, 2019 a mob of about 250-300 persons, armed with lathi sticks and rods damaged vehicles lying parked at the side of the road and in the garb of protests, it also assaulted public persons. 

The counsel for the two advocates argued that they were innocent and they had been falsely implicated in this case. He submitted that the advocates were not even named in the FIR.  

Further pressing their plea, the counsel apprised the court that in two other similar cases, the two advocates have been granted anticipatory bail. 

Apart from that, he assured the court that the advocates would co-operate during investigation and the trial and they would appear as and when required by the investigating agency or Court.

Considering the parameters for granting anticipatory bail as stated in Siddharam Satlingappa Mhetre v. State of Maharashtra (2011), the nature of accusations against the advocates, and all attending facts and circumstances of the case, Court granted the duo pre-arrest bail.

Case Title: Wajid Advocate Alias Wajid Khan And Another v. State Of U.P. And Another