Kanpur: Additional session judge XVI th Kanpur Nagar Jitendra Kumar Dwivedi on Thursday also rejected the bail application of Hayat Zafar Hasmi who too has been charged by the police under section 147/148/149/307/323/332/333/336/353/427/504/506/120 B IPC and 7 criminal amendment act and 3/4 Prevention of Damage to Public Property Act 1984.
The police have claimed that accused Hayat Zafar Hashmi was the mastermind of Parade and Nai Sadak violence which had taken place on June 3,2022. The presiding judge in his order had observed that defense counsel had pleaded that co accused Shankar Lal Ramani had obtained the bail from court No. 18 therefore on the basis of parity bail should be granted to Hayat Zafar Hashmi. The presiding officer stated that two cases were of different nature.
Co accused Shankar Lal Ramani was guilty of publishing posters and pamphlets regarding the call of bandh. But here the role of accused was different and the offences committed by the accused were of heinous and very serious in nature .Therefore keeping in mind all facts of the case,circumstances and nature of offence without making any comment on merits of the case his bail application was liable to be rejected hence the same was being rejected.
According to Dinesh Agarwal additional district government counsel Hashmi in his bail application had stated that he was innocent and fabricated in this false case.The FIR of the incident was lodged after many hours. If the court would grant him bail then he would appear in the court on each date and comply with all directions of the court.
His counsel pleaded that there was no reason displayed in delayed FIR and there were three reports of one incident.The accused was not present on the spot where incident had taken place.The arrest memo was wrong .It was stated in the FIR that bombs, bricks and firing had taken place during the incident .But there was no one injured seriously .
Pankaj Tripathi special public prosecutor strongly opposed said that the accused was named in the FIR. The accused along with other co accused had challenged the law and order. Due to their attack the market was closed and chaos like situation. The special public prosecutor described the role of the accused in detail in violence and pleaded that how he had assembled the people and how he had instigated them to challenge the law & order and district administration. He had created an atmosphere of fear in the society therefore his offences were of serious nature therefore his bail application should be rejected.
The presiding judge thereafter heard the bail applications of Nizam Qureshi a Samajwadi leader and Nizam, Rahil, Md Haseeb, Mohd Mehtab, alias Lulu,Ghulam Gaus, and Mohd Sharif and rejected their applications. All were accused in three cases hence they had preferred three bail applications in each matter. The presiding judge cancelled all the bail applications listed for Friday.