Mob has no religion, tedious task to separate innocent, real culprits: Rajasthan HC grants bail to 18 accused
Jodhpur: The Rajasthan High Court has granted bail to 18 persons accused of being a part of a mob assaulting participants of a Hindu procession on March 19 in Chittorgarh, saying that there is no religion of a mob and when a large group of people is alleged to have committed an offence, it becomes very tedious task to make a separation between the innocent and the real culprits.
One person lost his life in a communal clash in March in Chittorgarh
One person lost his life in the said mob attack and subsequently, a First Information Report (FIR) was registered at the Police Station Rashmi, district Chittorgarh for the offences under various sections of the Indian Penal Code (IPC) and provisions of the SC/ST Act.
Justice Farjand Ali observed that it was a case of affray or may be a case of hurting of religious sentiments, but it is not discernible as to who among the large number of mob was responsible for the eruption of affray.
“At the same time, it is also not ascertainable that who caused injuries to the members of the other party. There is no religion of a mob. When a large group of people is alleged to have committed an offence, it becomes very tedious task to make separation between the innocent and the real culprits,” the High Court said.
Some times real culprits make their escape good, whereas mere onlookers may be booked: HC
The High Court observed that generally when some noise is erupted in a crowed area, several persons gather there, some out of curiosity and some out of fear and some people may presumably come to see what exactly is going on, and in such a chaotic situation, some times the real culprits make their escape good, whereas the mere onlookers may be booked.
“At this stage, it would be unsafe to make any comment regarding the culpability of the appellants. It is highly debatable whether the penal provisions of the SC/ST Act would attract or not and the same would be subject matter of the trial.”
What did the accused submit?
The counsel appearing for the appellants submitted that they have falsely been implicated in the case and they have nothing to do with the alleged offences and the deceased did not receive any injuries and the cause of death was heart attack. The counsel further argued that none of the alleged acts brings the case within the purview of the provisions of the SC/ST Act.
“They are behind the bars since long. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping them behind the bars,” the counsel submitted while praying for grant of bail to the accused.
What did the prosecution submit?
The State, however, opposed the grant of bail, submitting that the appellants along with other accused made assault on a peaceful procession with dangerous weapons in a pre-mediated manner and one person died in the incident and thus, looking to the seriousness of the offences, the appellants do not deserve the benefit of bail.
The High Court noted that the appellants are in judicial custody since long and early culmination of the trial is not a seeming fate and no fruitful purpose would be served by keeping them behind the bars, in the totality of the facts and circumstances of the case.
“Consequently, these appeals are allowed. The impugned orders are set aside. It is ordered that the accused appellants, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so,” the High Court said while granting bail to the 18 accused.