- (1.) B. A. Zaidi, J. Applicant Syyed Mubarak son of Nabab Husain is involved in Case Crime No. 1240 of 2006 under Section 124-A I. P. C. Police Station C. B. Ganj, Bareilly.
(2.) THE applicant has come to this Court for bail here. He is in jail for about 13 months. Heard Sri S. M. Khalid, Advocate for the applicant and Sri S. B. Singh, Additional Government Advocate for the State. The accused-applicant has specific charge of sedition under Section 124-A I. P. C. It is alleged that on 20-8-2006 around 6. 30 O'clock in the evening in village Saniya Rani within the area of Police Station C. P. Ganj Sadar, Bareilly he was exhorting some people to rise against the Government as in Kashmir army was killing and torturing innocent civilians.
(3.) THE contention from the side of the accused is that he was borned and brought up in village Akbarpur Tehsil Biswan, District Sitapur, U. P. It has been admitted by the State vide para 7 of the counter-affidavit filed dated 3-3-2007 that he was living in Sitapur up to the age of 25 years. THEre is no allegation in it that thereafter, he left the place and went Kashmir. He has filed ration-card containing his parents names as well as electoral roll (Legislative Assembly No. 59 Biswan of the year 2003) in which his name appears besides the names of his father and mother. He has further filed a letter of local M. L. A. Sri Ram Pal Yadav of Biswan constituency addressed to the Chief Minister in which it has been mentioned that the applicant has been falsely implicated by the Police. His father had sent a letter to His Excellency the Governor, Uttar Pradesh about his son's implication and Governor had sent it to Principal Secretary, Home Department, Government of U. P. for enquiry.;