New Delhi [India], October 27 : The Supreme Court on Monday granted bail to three accused persons Mohammad Danish, Faizan and Nazir who were arrested for their alleged involvement in the violence that occurred last year, during the court ordered ASI examination of a Mughal era mosque in Uttar Pradesh's Sambhal, claiming four lives and injuring many others.
The violence that occurred in last years' November, resulted in the registration of multiple FIRs and led to the arrest of eighty accused persons.
A bench of Justices P S Narasimha and R. Mahadevan issued the order granting bail to the three persons after considering the fact that the investigation into the violence has been completed and a chargesheet has been filed.
The said accused persons had approached the top-court after their pleas seeking bail were rejected by the Allahabad High Court.
During the hearing today, the counsel appearing for the State of Uttar Pradesh opposed the bail pleas of the three accused persons.
The counsel appearing for the three petitioners Advocate Suleiman Khan submitted that the three accused persons had not been named in the initial FIR and that no incriminating evidence was found against them.
Further, it was submitted on behalf of the petitioners that the only incriminating substance against them is the alleged confessional statement of a co-accused persons which is not admissible in terms of evidence.
The High Court had rejected their bail by considering that though the applicants were not named in the FIR giving rise to the present case, the recovery of incriminating material against them and CCTV footage showed that they were involved in stone pelting and arson during the violence.
All three petitioners were booked and arrested in connection with various offences under the Bharatiya Nyay Sanhita and the Prevention of Damage to Public Property Act. The provisions under which the said persons were booked relate to the offences of rioting with deadly weapons, endangering human life, attempt to murder etc.
The top-court has now granted bail to all three accused persons. Mohammad Danish and Faizan have been granted bail in connection with one FIR, while Nazir is granted bail in connection with two different FIRs.