Point of Law: High Court had applied an altogether wrong approach by examining and evaluating the evidence in detail. The Court is not supposed to delve into the admissibility and inadmissibility of documentary and oral evidence at the stage of bail.

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 said persons are said to have been collecting funds and running a website 'Carrd.com'. It was also revealed that the said collected funds were used to break the social harmony and incite violence. The pamphlets read as “AM I NOT INDIAS DAUGHTER MADE WITH Carrd” etc. It was also found that the incident of mob lynching, exodus of labourers and the Kashmir issues were also highlighted through the same website. The website also imparts training pertaining to concealing one's identity during demonstrations and to ways to incite violence. The website was found to be full of misinformation thereby distorting true facts. There was another website operated by the laptop which had the heading Justice For Hathras. The matter was registered under various sections of I.P.C. and U.A.P. Act and I.T. Act.

RIVAL CONTENTIONS:

4. Learned Senior Counsel for the applicant has stated that the applicant is innocent and has been falsely implicated in the case. No pamphlets or printing papers were being carried out by the applicant or other co-accused persons in the car. The applicant is unaware of any website with the name of “Carrd.com and Justice For Hathras.” The applicant was going to Hathras to discharge his duty as a professional journalist and was illegally detained by Mant Police, District Mathura in violation of his fundamental rights. The applicant is not a member of P.F.I. and was not acting at the behest any of their office bearers. Learned Senior Counsel has further stated that the applicant was not going to Hathras on the directions of P.F.I. and furthermore that P.F.I. is not banned organization altogether. The applicant has never used any platforms to spread disharmony or further class/communal conflict. The applicant only used to post his journalistic writings and links pertaining to his job of mass communication.

5. Learned Senior Counsel has further stated that the applicant has never ever participated in any secret workshop with an aim of furthering caste conflict in India. So, no question arises of applicant being involved with any other persons to commit violence under the guise of class/communal conflict across the State. The applicant had himself conducted a workshop on wikipedia editing which were open to all and related to journalistic and non-political activities. The applicant is an honest and law abiding journalist and has not received any funds from abroad. The applicant had himself interviewed including Ansad Badruddin, the State President of B.J.P. Kerala, Central Minister from Kerala and the Members of Muslim League and B.J.P. etc. Learned Senior Counsel has further stated that the acquaintance of the applicant with Ansad Badruddin does not make him a criminal. There is no iota of evidence available on record to suggest that he was involved in