The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the communal violence that broke out in Mira Road in January this year on the eve of the consecration ceremony of Lord Ram at Ayodhya in Uttar Pradesh.
The court noted that the further detention of the accused appears “tenuous.” It further added that there was no prima facie evidence to suggest a premeditated conspiracy to attack members of the convoy celebrating the Ram Mandir consecration.
The prosecution alleged that the accused were part of a mob of 50 to 60 individuals who surrounded and assaulted the complainant and others in the convoy. However, the bench pointed out that no CCTV footage corroborated the claim that the accused had assaulted the complainant or any other individuals.
Justice NJ Jamadar further highlighted that the investigation in the case is complete, and the accused have deep roots in society, making the likelihood of absconding remote. The court also considered the fact that the accused have been in custody since January and noted that the trial was unlikely to conclude soon, rendering further detention unwarranted.
The accused, booked under various sections of the Indian Penal Code and the Arms Act, had approached the High Court after a sessions court in Thane refused them bail.
The HC emphasised that for the accused to be held culpable, there must be prima facie evidence showing their active membership in an unlawful assembly with a common object to commit the alleged crimes. It observed that the convoy’s entry into the locality appeared coincidental, undermining allegations of premeditation or conspiracy.
“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 under-trial prisoners appears tenuous,” Justice Jamadar said on December 9.
