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2022 Supreme(All) 536

KRISHAN PAHAL
Sidhique Kappan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ishan Baghel.

JUDGMENT :

KRISHAN PAHAL, J.

1. Heard Sri I.B. Singh, learned Senior Counsel assisted by Sri Ishan Baghel and Avinash Singh Vishen, learned counsel for the applicant, Sri Vinod Kumar Shahi, learned Additional Advocate General assisted by Sri Shivnath Tilahari, learned A.G.A. and perused the material available on record.

2. Applicant seeks bail in Crime No. 199 of 2020, under Sections 153-A, 295-A, 120B I.P.C. Sections 17, 18 of U.A.P. Act and Sections 65 and 72 of I.T. Act, Police Station Mant, District Mathura, during the pendency of trial.

PROSECUTION STORY:

3. As per prosecution story, the applicant alongwith three co-accused persons, namely, Athikurrehman, Alam and Masood, were lodged at the Police Station Mant vide G.D. No. 41/20:52 hours on 05.10.2020 and six smart phones, one laptop and pamphlets were recovered from them. After an inquiry, it came out that the applicant and other co-accused persons were travelling to disturb the harmony of the area. It is alleged in the F.I.R. that the applicant and other co-accused persons were heading to Hathras where the ill-fated incident of rape and murder had been committed with an intention to create caste struggle and to incite riots. The

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