Finding glaring loopholes in the police investigation, a Bijnor court has granted bail to 48 persons accused of indulging in rioting, arson and attempt to murder on December 20, when the protests against Citizenship (Amendment) Act (CAA) turned violent in the Nagina town of the district. One person was killed and five were injured in the incident.
In Nagina, the police had arrested 83 persons. The First Information Report (FIR) accused them of firing at the police, breaking government vehicles and vandalising private vehicles and shops.
‘No evidence’
While listening to the bail plea of 48 of them on Tuesday, the District Sessions Court judge Sanjeev Pandey observed that the government lawyer had not submitted any proof that people in the crowd had fired at the police. “No evidence has been presented in the court that showed the recovery of weapons. Recovery of two shells of 315 bore from the site has been recorded but nothing in the investigation shows who fired them,” the order said.
Similarly, the judge pointed out, no proof had been submitted that showed that the mob indulged in arson and destroyed private vehicles. “The police have reported damage to one government vehicle but the technical inspection was done on January 12, 20 days after the said incident,” he said.
Mr. Pandey also said that the FIR had stated 13 policemen had been injured but none of them had been found to have gunshot injuries. “They have ordinary bruises, only one has a cut mark,” the order said.
No criminal record
Considering the accused, who had been in judicial custody since December 20, had no previous criminal record, the judge found suitable ground to grant bail to 48 persons.
Meanwhile, Rampur Police have dropped the serious charges, including murder, attempt to murder and dacoity, against 26 of the 34 people arrested in connection with the December 21 violence in the city.
Of the remaining eight, District Magistrate-Rampur Aujaneya K. Singh said six had been arrested later on the basis of collected evidence and recovery made from the other two.
‘Not vindictive’
Mr. Singh said the administration did not want to go with a “weak case” to the court. “We are working in a transparent manner and are not vindictive,” he said. “These people were arrested from the site of violence but no evidence has been found against them that warrants Sections 302 and 307 [to be invoked] against them. Hence, the Investigating Officer dropped these charges. However, they will continue to face other charges such as rioting, voluntarily causing hurt and obstructing a public servant from discharging his duty.”
Lawyer Shaila Khan described the order as a “positive” development. “Now, we will approach the court for their bail,” she said. She lamented that many of accused were sole breadwinners for their families. She alleged that the administration was trying to ensure no one came out for peaceful protests again by foisting serious charges on them.
‘Legal process’
Mr. Singh argued that one had to go through a legal process even if the Investigating Officer found within a week that some of the arrested persons were not involved in any heinous activity. “It applies to everybody. At no point have we denied permission for peaceful protests. All through, I have been in touch with the families of the arrested people and have informed them of the developments in the investigation, but we have to also understand that one person died in violence on December 21,” he said.
He said the police had identified the perpetrators of the violence and would soon reveal their names.
