Syyed Mubarak vs State of U.P.

B.A. Zaidi, J.—Applicant Syyed Mubarak son of Nabab Husain is involved in Case Crime No. 1240 of 2006 under Section 124A I.P.C. Police Station C.B. Ganj, Bareilly.

The applicant has come to this Court for bail here. He is in jail for about 13 months.

Heard Sri S.M. Khalid, Advocate for the applicant and Sri S.B. Singh, Additional Government Advocate for the State.

The accusedapplicant has specific charge of sedition under Section 124A I.P.C. It is alleged that on 2082006 around 6.30 O''clock in the evening in village Saniya Rani within the area of Police Station C.P. Ganj Sadar, Bareilly he was exhorting some people to rise against the Government as in Kashmir army was killing and torturing innocent civilians.

The contention from the side of the accused is that he was borned and brought up in village Akbarpur Tehsil Biswan, District Sitapur, U.P. It has been admitted by the State vide para 7 of the counteraffidavit filed dated 332007 that he was living in Sitapur up to the age of 25 years. There is no allegation in it that thereafter, he left the place and went Kashmir. He has filed rationcard containing his parents names as well as electoral roll (Legislative Assembly No. 59 Biswan of the year 2003) in which his name appears besides the names of his father and mother.

He has further filed a letter of local M.L.A. Sri Ram Pal Yadav of Biswan constituency addressed to the Chief Minister in which it has been mentioned that the applicant has been falsely implicated by the Police. His father had sent a letter to His Excellency the Governor, Uttar Pradesh about his son''s implication and Governor had sent it to Principal Secretary, Home Department, Government of U.P. for enquiry.

Earlier the bail application of the applicant came up on 168 2007 before Hon''ble A.P. Sahi, J. who passed the following orders :

�The contention of the learned Counsel for the applicant is that he is nowhere connected with any such antinational activities as alleged in the L.I.U. Report.

On the other hand, learned A.G.A. on the basis of instructions received so far, contends that the applicant himself disclosed his address of District Poonch (Kashmir) and, therefore, there is every reason to believe that he was connected with the antinational activities.

Let an appropriate instruction be received from the prosecution as to what material is available to connect the applicant with the movement being sponsored from Kashmir.�

In response to the aforesaid order, it has not been disclosed with which movement, the applicant is associated. It has only been mentioned that there is no village Chandanpur Tehsil Ranibagh in District Poonch of Kashmir, which address the applicant is said to have given at the time of his arrest to the Police.

In the circumstances, there is no sufficient prima facie evidence present against the applicant to sustain the charge of sedition. He should, therefore, be granted bail.

Applicant Syyed Mubarak be released on bail on his furnishing a personal bond of Rs. 50,000/ with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Bareilly.

Application allowed.