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No fruitful purpose served by keeping them in jail’: Court while granting bail to 3 accused in hate app case

Three of their co-accused were granted bail in April, with the court observing that they are of ‘tender age’ and their ‘immaturity’ was used by the other co-accused in the offence.

By: Express News Service | Mumbai |
June 26, 2022 9:25:14 pm
In March, the police had filed a chargesheet in the case claiming that the accused had uploaded photos of Muslim women with objectionable comments and had sought photos of ‘100 famous Indian non-BJP Muslim women’ for the app.

In its detailed order granting bail to three men booked for creating and posting objectionable comments against Muslim women on a hate app, a sessions court said that they have been in custody for more than six months and “no fruitful purpose would be served by keeping them in prolonged incarceration”.

Last week, Niraj Singh (28), Niraj Bishnoi (20) and Aumkareshwar Thakur (26) were granted bail in the case by a sessions court. The three were arrested in January by the Mumbai police on charges including sexual harassment, defamation, spreading enmity between groups and criminal conspiracy of the Indian Penal Code (IPC), as well as relevant sections of the Information Technology Act. The three were also booked in similar offences in Delhi in which the court had granted them bail earlier. However, they remained in custody in the Mumbai case.

The court took into consideration their age and the fact that other courts had granted them bail in similar offences.

“Whatever evidence relied on by the prosecution regarding alleged involvement of the applicant / accused has already been collected. Under such circumstances the investigating agency does not require his continuous custody,” the court said, adding that the trial has commenced in the case and may take considerable time. The police had opposed their bail pleas stating that they had been booked for offences affecting harmony and national integration and their release may create serious law-and-order issues.

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Their lawyers had argued that the offence was ‘politically motivated’ claiming that there was no direct link to establish their connection to the app. The court set various conditions including that they visit the police station where the offence is registered once a month, and not leave the country without the court’s permission.

Three of their co-accused were granted bail in April, with the court observing that they are of ‘tender age’ and their ‘immaturity’ was used by the other co-accused in the offence.

In March, the police had filed a chargesheet in the case claiming that the accused had uploaded photos of Muslim women with objectionable comments and had sought photos of ‘100 famous Indian non-BJP Muslim women’ for the app.

 

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First published on: 26-06-2022 at 09:25:14 pm

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