Manesar violence case: 3 workers get bail, court asks how families survived without their wages

The charges levelled against the accused included rioting, obstruction, causing damage to public and company property, and attempt to murder, with the police alleging the workers attacked officials with the “intention to kill”.

While the prosecution opposed bail, citing the severe nature of the charges, the court closely examined the specific roles attributed to the three men and the lack of substantial evidence:

Vivek Kumar and Raj Kumar: The prosecution alleged both men were present at the spot, pelted stones with the intention to kill police officials, set a government motorcycle on fire, and were “captured in video damaging a government vehicle”.

Shyambir: The police alleged he was part of a pre-planned conspiracy, citing his mobile tower location at a co-accused’s house where plans were allegedly hatched to provoke workers via inflammatory WhatsApp messages. The police also relied on a “photograph of a get-together of the applicant-accused with other co-accused”.

However, the judge did not find force in the prosecution’s immediate grounds for continued incarceration. Regarding Shyambir, the court held, “Except this, nothing incriminating has been shown against him… Prima facie… no incriminating evidence has been shown against applicant-accused till date”.

For all three men, the court found no justification for further custody, explicitly recording in all three orders: “Admittedly, nothing is to be recovered from him”. The court further noted that none of the applicants had a prior criminal background.

‘Irony of our system’

Highlighting the systemic tragedy of the incarcerated labourers, the judge made strong observations about their prolonged custody. Shyambir had been in jail since April 13, while Vivek and Raj Kumar were incarcerated since the day of the incident on April 9.

The judge observed in each of the orders: “It is a matter of serious and sensible thought that how the family, children of the migrant labour/workers, who are confined in jail… for participating in protest of workers for raising demand in their wages/salary, would have survived without salary/wages”.

The court further noted, “This is an irony of our system. Raising demand to increase their wages/salary by workers/employees due to rising prices of daily needs is not an offence itself”.

Regarding the violence and the serious charge of attempt to murder, the judge held that whether the April 9 incident was the result of an alleged conspiracy by the accused, or was triggered by “some other reasons/forces behind it, would be a matter of trial”.

Concluding that no useful purpose would be served by keeping them behind bars, the court admitted all three to bail.

The bail orders follow a similar ruling by the same judge earlier in May regarding the Manesar protest. Judge Kaur had previously granted bail to Ajit Singh, a union leader who was accused of inciting the factory workers.

In that order, the court had sharply criticised the police for keeping Singh in “illegal custody” for a month without any prima facie evidence against him. The court had ruled at the time, “The applicant-accused, who is stated to be a member of workers’ union, has raised the issue of less salary in a democratic way and nothing incriminating has been shown against him.”

The April 9 unrest in Manesar saw protesting workers demanding higher wages. Days later, a protest by factory workers making similar demands in Noida escalated into violence and vandalism, leading to a wave of arrests by the Uttar Pradesh Police.