Nuh Violence: Court Grants Bail To Haryana Roadways Employee Booked For Rioting "Only On Basis Of Call Location"

A Sessions Court in Haryana's Nuh has granted bail to a roadways employee who was booked for dacoity and rioting during the Nuh violence "only on the basis of call location".

ASJ Sandeep Kumar Duggal noted that at the time of incident, the accused was on duty on directed bus route under instruction of Inspector from Haryana Roadways.

"The occurrence pertains to around 5.00 P.M. and he was at around 10-15 kilometers away. He was on government duty but has been implicated only on the basis of disclosure statement," counsel appearing for the accused submitted.

It was also alleged that the accused instigated the public by disseminating message to incite violence through WhatsApp. However, the Court noted that though it is alleged that he deleted the post, there is "no justifiable explanation" as to why that alleged post was not traced from the other end.

"The applicant is in custody since 9.8.2023 i.e. for a period of around one month. The applicant do not have any criminal antecedents. He has been booked only on the basis of call location which has already been with the Investigating Officer. Therefore, I deem it appropriate to grant the concession of regular bail to the applicant," Court ordered.

Tofik Mohammad has been booked under Sections 148, 149, 153-A, 379-A, 436, 506, 201, 395 and 397 of IPC, Police Station Nagina, Nuh. FIR was lodged on complaint filed by a grocery shop owner who alleged that his shop was looted and set on fire by a particular community.

Tofik's counsel argued that he was falsely implicated in the case on account of "party faction" since he was the public servant and deputed as checker in checking staff of Haryana Roadways buses in Nuh Depot.

On the other hand, counsel for the State submitted that during the time of occurrence the location of Tofik's mobile phone was traced at Badkali Chowk Nagina from 1.46 P.M. to 2.30 P.M. 

After hearing the parties, the Court noted that the accused is a government employee who conceded his presence at the place of occurrence, albeit while crossing with his bus on directed route on direction of his Inspector.

Consequently, it granted him bail.

Appearance: Tahir Hussain Devla, Sajid Hussain Advocate for the applicant- accused Tofik Mohammad.

Dinesh Ambavta, Learned Public Prosecutor for State/respondent assisted by the Investigating Officer.