SIDHIQUE KAPPAN Vs. STATE OF U.P.

JUDGEMENT

(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 Ss. 153-A, 295-A, 120B I.P.C., Ss. 17, 18 of U.A.P. Act and Ss. 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 5/10/2020 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 Sec. of I.P.C., U.A.P. Act and I.T. Act. RIVAL CONTENTIONS: