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.