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HC grants bail in ‘Pakistan Zindabad’ sloganeering case

Says truth of allegations will be tested only after trial
The order came after the Bench was told that the accused had been in custody for six months and 11 days in a case registered on May 9.

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The Punjab and Haryana High Court has granted regular bail to a man arrested for allegedly raising “Pakistan Zindabad” slogan during the India-Pakistan tensions earlier this year.

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Justice Rajesh Bhardwaj held that “the veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court.”

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The order came after the Bench was told that the accused had been in custody for six months and 11 days in a case registered on May 9 under provisions of the Bharatiya Nyaya Sanhita at the Pinjore police station. He was arrested on May 10, and his bail plea was rejected by Panchkula Additional Sessions Judge on August 13 before he approached the HC.

The Bench observed that that the FIR was based on a complaint alleging that Ameen raised the slogan “Pakistan Zindabad” at a time “when the war was going on between India and Pakistan”.

Appearing before the Bench on the petitioner’s behalf, senior advocate Kshitij Sharma, along with counsel Shobit Sharma and Pragun Goyal argued that “he had been falsely prosecuted,” that “the offence under Section 152 of BNS is not even made out on reading the allegations made in the FIR.”

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Opposing bail, the State submitted that “the allegations made were duly established during the investigation.”

The Bench observed that the petitioner had no other criminal involvement, the investigation was complete, and the trial was yet to begin, adding, “... the Court is of the opinion that counsel for the petitioner succeeds in making out a case for the grant of bail.”

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