The Allahabad High Court has granted bail to the accused in the mob violence case in which the mob had allegedly damaged public property and set vehicles on fire.

Justice Sameer Jain while granting bail observed that at this stage it could not be said that the accused was instrumental in mob violence.

“It is neither alleged in the FIR nor in the statements of prosecution witnesses recorded during investigation that applicant was either instigating the people or was leading the mob or he was having any weapon in his hand or was hurling bomb or set the vehicles on fire.”, the Court observed while granting bail to the accused.

The Court also observed that similarly placed accused persons have already been enlarged on bail.

As per the FIR, the accused persons pelted stones at the vehicles of police and set the vehicles on fire and also damaged public property after Friday prayer.

In the FIR 14 persons were named and more than 200 persons were unnamed.

The Applicant-accused was named along with 14 others.

He was booked under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295A, 307, 332, 336, 353, 435, 427, 504, 505(2), 506, 120-B of Indian Penal Code, 4/5 Explosive Substance Act, 7 C.L.A. Act, 83 Juvenile Justice Act and ¾ Public Property Damages Act as well as 3 Explosive Substance Act.

It is further alleged, that some police personnels also sustained injuries and due to the act of accused persons law and order was severely disturbed.

The counsel for the accused submitted that there is no allegation against the applicant-accused or that either he was instigating people at spot or he was leading the mob.

He further added that as admitted the incident was a result of mob violence, therefore, applicant cannot be held liable for the act of mob.

Senior Advocate Syed Ahmed Faizan appeared for the accused whereas Additional Advocate General Manish Goyal appeared for the State.

The Court held that “Although, it appears that due to the aggression and activeness of the applicant people of his community gathered in large number and thereafter mob committed the violence but considering the fact that applicant does not appear to be instrumental for such violence and he is in jail, in the present matter, since 10.6.2022 and number of similarly placed accused persons have already been enlarged on bail, and also considering the law laid down by the Apex Court in case of Satyendra Kumar Antil (supra) case, in my view applicant is entitled to be released on bail.”

Cause Title- Javed Mohammad @ Pump v. State of U.P.

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Allahabad High CourtJustice Sameer JainBail

Ashish Shaji