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Synopsis

The Allahabad High Court recently granted bail to a man accused of participating in the ruckus which took place on December 20, 2019, at Kanpur Nagar during the protests against the implementation of the Citizenship Amendment Act.

The bench of Justice Manish Mathur granted bail to Haseen Alias Ishu while observing, "It appears that the applicant has not been named in the FIR and at this stage, there does not appear to be any evidence whereby the applicant could be identified as a part of mob"..

In the said protest, people lost lives due to indiscriminate firing caused by the assailants and by the police. After the incident, a case was registered by the Kanpur Police under Sections 147, 148, 149, 332, 353, 336, 307, 188, 427, 34, 109, 302, 120B of the IPC; Section 3/4 Prevention of Damage to Public Property Act, 1984; Section 7 Criminal Law Amendment Act, 1944 and Section 27 Arms Act, 1959.

Initially, the First Information Report was lodged under Section 307 IPC, subsequently, Section 302 IPC was added.

The FIR was lodged against eight nominated persons; 4000-5000 unknown persons. Haseen was not named in the FIR, however, he was arrested by police and was in jail since August 22, 2020.

Seeking bail before the high court, Haseen contended that he was not present at the place of the said incident and he had no motive with regard to the commission of offence.

Haseen's counsel also assured the court that in case he is enlarged on bail he will not misuse the liberty of bail. His previous criminal history had also been explained.

Moreover, four name co-accused persons allegedly having similar role had been allowed bail by the high court. 

Therefore, considering the facts and circumstances of the case, court allowed the bail to Haseen 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 UP