Congress MLA Mamman Khan was on Tuesday released from jail after the court granted him interim bail in two cases of Nuh violence. Mr. Khan, who was arrested on September 14 and is accused in four cases, was already granted bail in two cases last week.
The matter has been fixed for next hearing on October 18.
Mr. Khan was released somewhat later in the evening after the administration took stock of the situation as a large number of his supporters gathered outside the jail and took to roads to welcome him. “The release orders have reached the jail authorities and he will be soon released,” his lawyer Tahir Hussain Ruparya had stated some time before his release.
Granting the interim bail, Additional Sessions Judge Ajay Sharma, said, “The court has to balance both sides and in no way the injustice be caused to any side”. The court observed there was no incriminating material available on record against the applicant expect his mobile phones and closed-circuit television footage, the reports of which were still pending, but the applicant’s counsels had no answer as to why he formatted his phone before handing it over to the Investigating Officer.
Mr. Sharma also directed the Superintendent of Police, Nuh, to procure on priority basis, the reports of DITECH lab of the mobile phones as well as Digital Video Recorders connected to the case. The applicant was told to furnish bail bonds of ₹1 lakh each.
The court order said the applicant was not named in the First Information Report and no specific role was attributed to him in the complaint as well as the FIR.
Also read: Aftermath of the Gurugram communal violence
Opposing the bail plea, the prosecution argued that the applicant was arrested after in-depth investigation and due diligence and “being a powerful person having a great influence can temper the evidence or induce or threat the prosecution witnesses”. Two phones recovered from the applicant and four phones of his brother along with 22 DVRs/CCTV footage were sent to DITECH lab, Gurugram, and the reports were pending.
Mr. Ruparya and Tahir Hussain Devla, representing the applicant, said there was no incriminating material on record against the applicant even after 64 days of the incident and the “entire investigation was based on presumptions”.