‘Innocent until proven guilty’: Meghalaya High Court grants anticipatory bail in mob lynching case

While granting bail, the court also takes into consideration that in the same case, the other accused had been granted bail by this court.

Background

The case originates from a violent incident last year, when the victim was targeted by an enraged mob consisting of approximately 500 people.

Appearing for the state, the Additional Public Prosecutor S Sengupta and H Kharmih submitted that the investigating officer has already filed a charge sheet in which the three petitioners are named as accused persons.

The prosecution argued that this establishes a prima facie case against them.

However, the state did not offer a “strong objection” to the bail prayer, noting that other individuals involved in the case have already been released on bail depending on the “degree of their involvement”.

The petitioner’s counsel, advocate S A Sheikh, argued that the petitioners are innocent and have been falsely implicated in the case; in fact, they were not even present at the time when the incident had taken place.

He further submitted that since they were apprehensive of imminent arrest, they had approached the trial court, firstly, with for the grant of anticipatory bail, and on the same being rejected, are now before this Court with a similar prayer.

The counsel also said that, since some of the accused persons have been enlarged on bail, therefore, on grounds of parity, the petitioners should also be given the same privilege of being enlarged on bail in the event of their arrest.

Decision

The court said that the facts and circumstances in this case have remained constant, and the only difference is that, in the meantime, the charge sheet has been filed by the investigating officer.

“Be that as it may, the prayer of the petitioners in this petition is hereby allowed, and the interim bail granted is also made absolute,” the court ruled.

The court directed that in the event of their arrest, they are to be released on bail on the conditions that they shall not abscond or tamper with the evidence or witnesses, and they shall attend court as and when called for.