Nearly five months after his arrest, the Indore bench of the Madhya Pradesh High Court has granted bail to an 18-year-old man in the case of allegedly spitting on the Mahakal Sawari procession held in Ujjain in July last year.
The court accepted the bail application of Adnan Mansoori, the only adult accused in the case, observing that the complainant and one of the eyewitnesses in the case turned hostile and “did not support the prosecution’s case”.
The order was issued by the high court on December 15, an advocate associated with the case said on Monday.
Justice Anil Verma of the Indore bench of the high court, while allowing Mansoori’s bail plea said, “Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that complainant Sawan Lot has been examined before the trial court but he has turned hostile and did not support the case of prosecution and he has also denied his relevant portion of his FIR. Eyewitness Ajay Khatri also turned hostile and did not support the case of the prosecution.”
“No T.I. (test identification) parade has been conducted by the investigating officer; investigation is over and charge sheet has been filed; applicant is not having any criminal background. In view of the above, I deem it proper to release the applicant on bail. Accordingly, without commenting on the merits of the case, the application is allowed,” it said.
“It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs 75,000 with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial court, as and when required. He shall abide by the conditions enumerated under section 437(3) CrPC,” the court added.
During the arguments in the high court, the prosecution objected to Mansoori’s bail plea and said he has been identified in the CCTV footage of the alleged incident, and that there are serious allegations against him of harming communal harmony.
Defence lawyer Devendra Singh Sengar said the high court has already approved the bail petitions of two minor boys in the case.
A police official said that Sawan Lot had lodged a complaint at Kharakuan police station in Ujjain against Mansoori and two boys, alleging that they had gargled and spit on the Mahakal Sawari procession while standing on the terrace of a building on the evening of July 17, 2023, a Monday in the month of Shravan.
Mansoori was arrested by the police on the same day.
The police had registered a case under India Penal Code sections 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), section 153-A (spreading enmity between two groups on grounds of religion) and other relevant provisions.
After his arrest, Mansoori was sent to jail under judicial custody, while the two minor boys were sent to a juvenile home, the official said.
On July 19, 2023, two days after the incident, “illegal” parts of the houses of the families of the accused were demolished, he said.
Zaid Pathan, an activist of the Association for Protection of Civil Rights, said that serious questions have been raised about the action of the administration and the police after the complainant and an eyewitness in the case turned hostile.
He demanded that investigation should be conducted into the hurried demolition of parts of the houses of the accused by the administration, terming the action as illegal.
He said if this step of the administration is found wrong, then the guilty officers should be given appropriate punishment and the victim’s families should be compensated from the government treasury.
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