A court in Varanasi on Monday rejected a plea, seeking bail to 14 youths, accused of throwing leftovers of chicken biryani in the Ganga, a few days ago.
The bail plea was filed in court number nine of additional chief judicial magistrate Amit Kumar Yadav.
The accused are in judicial custody in the district jail since March 19, said the counsel for the accused.
The counsel for the accused briefly argued that the applicants/accused have been framed in a conspiracy based on a grudge merely to harass their family, and added that the accused are innocent and law-abiding citizens.
He added, the accused have been in judicial custody in the District Jail since March 19. The video released against the accused also contains no photographs of mutton/chicken. The accused have no criminal history. Therefore, it is requested that their bail application be granted, urged the counsel.
On behalf of complainant Rajat Jaiswal, who filed a case against 14 accused, the counsel opposed the bail plea. He argued that the acts committed by the accused were not only of a grave nature but also had the potential to disrupt law and order and communal harmony within society.
It was argued that the evidence available against the accused is prima facie strong, and their release on bail would create an apprehension regarding the tampering of evidence and the influencing of witnesses. Based on the FIR registered in the case, the case diary, and other available evidence, the involvement of the accused is clearly evident. Furthermore, it was emphasised that the investigation into the matter is still ongoing; consequently, granting bail to the accused at this juncture would not be in the interest of justice.
{{/usCountry}}It was argued that the evidence available against the accused is prima facie strong, and their release on bail would create an apprehension regarding the tampering of evidence and the influencing of witnesses. Based on the FIR registered in the case, the case diary, and other available evidence, the involvement of the accused is clearly evident. Furthermore, it was emphasised that the investigation into the matter is still ongoing; consequently, granting bail to the accused at this juncture would not be in the interest of justice.
{{/usCountry}}Opposing the bail application, Deepak Kumar, representing the prosecution, briefly argued that the offenses committed by the accused were serious. There is a provision of 10-year imprisonment. Since the investigation is currently underway, the points raised by the accused can only be determined through the investigation.
Furthermore, based on the plaintiff’s application alleging that supporters of the accused have repeatedly threatened to kill him, another case has been registered at Sigra Police Station, Varanasi, under Sections 352 and 351(4) of the BNS. Therefore, the bail application is requested to be dismissed.
After hearing the arguments of the prosecutor, the counsel for the accused and counsel for the complainant, the court rejected the bail application of the 14 accused.
The accused include Azad Ali, Aamir Kaiki, Danish Saifi, Mohd. Ahmed, Nehal Afridi, Mahfooz Alam, Mohd. Anas, Mohd. Awal, Mohd. Tahseen, Mohd. Ahmed alias Raja, Mohd. Noor Ismail, Mohd. Tausif Ahmed, Mohd. Faizan and Mohd. And Sameer.
The case was registered against 14 accused on March 16. They were arrested on March 17. They were sent to judicial custody on March 19.