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Allahabad HC grants bail to Sharjeel Imam citing he did not instigate violence

2 min read

Nishka Srinivas Veluvali

Published On: November 30, 2021 at 21:10 IST

Allahabad High Court on November 27 granted Bail to the Social Activist Sharjeel Imam with the view that his speech did not instigate violence or give a call to bring arms at the Aligarh Muslim University in January 2019.

Justice Saumitra Dayal Singh gave out the Order on November 27 and the comprehensive Order was released on Monday, 29 November.

The Court in the Order stated, “Without referring to the exact allegations made against the applicant, it may be noted that on an undisputed basis neither the applicant called any one to bear arms nor any violence was incited as a result of the speech delivered by the applicant.”

Nevertheless, the Court claimed that the exact statements and their effect made are yet to be examined at the period of trial, that is yet to begin.

The Court added that Imam was kept in custody for over a year and two months, whereas the punishment that he might face if he is found guilty is three years of imprisonment.

“For that single reason the applicant is eligible for bail, at this stage, in the undisputed facts of the case,” the Court opined.

Justice Singh ordered Imam to file a Personal Bond of Rs. 50,000 in addition with two sureties of the same amount. The activist was also directed not to pressurise the witnesses and co-operate with the Trial.

However, Imam will stay in Delhi’s Tihar jail as he is been charged for Delhi riots conspiracy case and the Jamia violence Case.

The Charges pressed on the activist are Section 124 A(Sedition), 153A(promoting enmity grounds of religion, race), 153B(making statements provoking breach of peace) and 502(2)(statements made which are alarming, false intention to create disharmony) of the Indian Penal Code.

Sharjeel Imam, in his speech allegedly asked the protestors to “cut off Assam from India.”  He gave this speech on the occasion of the protest against the Citizenship (Amendment) Act.

Later, the activist informed that he had asked for peaceful protests to “block roads going to Assam” that is basically a call for chakka jam.