Mumbai, Dec 10 (PTI) The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the communal violence in Mira Road on the eve of the consecration of the Ram Temple in Ayodhya, noting that their further detention appeared “tenuous”.
A single bench of Justice N J Jamadar on Monday noted that prima facie, it cannot be inferred that there was a premeditated conspiracy to assault people part of the convoy taken out to celebrate the temple consecration ceremony in January this year.
The bench also highlighted that no CCTV footage showed the accused persons assaulting the complainant or anyone else.
The court said the probe in the case was complete, and since the accused have roots in the society, the possibility of fleeing from justice was remote.
The bench also took note of the fact that the accused have been in custody since January, and it appears extremely unlikely that the trial will be concluded soon. Hence, further detention would be unwarranted.
The accused, booked under various provisions of the Indian Penal Code and Arms Act, moved the high court after a sessions court in neighbouring Thane district denied them bail.
According to police, the accused were part of a mob of 50 to 60 persons that surrounded the complainant and others who were part of the convoy started raising slogans and assaulted them.
The high court, in its order, said there has to be prima facie material to show that the accused were members of the unlawful assembly.
The bench also noted that the convoy’s entry into the locality where the alleged incident took place was a matter of chance, and hence, it cannot be inferred that there was premeditation or a prior meeting of mind to attack the members of the rally.
“In the case at hand, the alleged rioting was committed by more than 50 to 60 persons. Where the guilt of the accused would hinge upon their identity as members of the unlawful assembly, who shared the common object to commit the alleged offences, their further detention as undertrial prisoners appears tenuous,” the court said. PTI SP ARU
