No pre-arrest bail for man accused of lynching a Muslim in Tripura, says High Court
The accused person was a part of a mob that murdered an 18-year-old in June on the suspicion that he was smuggling cattle.
The Tripura High Court denied pre-arrest bail to a man who was allegedly part of a mob that murdered 18-year-old Saiful Islam in June on the suspicion that he was smuggling cattle, Live Law reported on Wednesday.
Last week, the accused person had argued before a bench of Justice SG Chattopadhyay that his name was not mentioned in the First Information Report lodged in Islam’s murder case. He also claimed that no prima facie charge of murder was made out against him.
The public prosecutor for the state said that statements from eyewitnesses had mentioned that the bail applicant was a part of the mob that had “chased the 18-year-old and killed him”. The court also noted that the police had found the accused person to be a part of the mob.
He was booked under Indian Penal Code sections 341 and 302 that provide punishment for wrongful restraint and murder.
“The eyewitness version of some of the witnesses whose statements have been recorded by police in the course of investigation demonstrate that the present applicant was found [to be] one of the members of the mob…,” the court said. It denied bail to the accused person after citing the “gravity of the offence”.
In June, Islam along with Jayed Hossain and Billal Miah were lynched in Tripura’s Khowai district.
The incident took place after residents of Namanjoypara village had found them carrying five cattle in a vehicle. A mob had stopped their vehicle near Uttar Maharanipur village, about 10 km away, and assaulted the three men. Islam had initially managed to flee but was caught at Mungiakami village.
The three men were taken to local primary health centres and later to Govind Ballabh Pant Hospital at Agartala, where they were declared brought dead.