MUNEER Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Government Pleader.

(2.) The petitioners claim that they have been accused of offences punishable under various sections of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity) in the following backdrop. It transpires that during holy celebrations in Bhalki Town on 25.03.2016, some Hindu people had tried to enter the mosque and in retaliation, the Muslim community had pelted stones on the persons celebrating holy and it had escalated into a free -for -all and in the process, the police had arrested several people of both the Hindu and the Muslim community. The petitioners were also among the persons who were arrested. Though the petitioners had not indulged in any stone pelting or any such activity, since they were present in the spot, a complaint had been lodged in respect of them along with several other people, for offences punishable under Sections 143, 144, 145, 147, 148, 151, 324, 326, 332, 333, 353, 308, 427, 295, 295 -A, 297, 298, 107, 124 -A, 153, 153 -A read with Section 149 of the IPC.. It transpires that a large number of persons who were so arrested have been enlarged on bail, but however, the bail petitions of the present petitioners have been rejected by the court below. Hence, the petitioners are before this Court. Given the circumstances that more than 27 people have been arrested and accused of offences punishable as aforesaid, in such a circumstance where a large number of people are involved, the identity and the role of each such person being made out with any certainty is to be established at the trial and there cannot be any accuracy in these matters. Therefore, since other petitioners who were similarly accused have been enlarged on bail, the present petitioners are also entitled to the benefit of bail. Accordingly, the petition is allowed and the petitioners shall be enlarged on bail subject to the following conditions: