Madhya Pradesh High Court grants bail to bangle seller assaulted by mob in Indore

The Madhya Pradesh High Court on Tuesday granted bail Taslim Ali, a bangle seller who was assaulted by a mob at Indore and later charged by the police for offences of sexual harassment and outraging modesty of woman (Golu @ Tasneem @ Taslim vs. State of Madhya Pradesh)..Ali was in custody since August 2021 with regard to offences under Sections 354 (Outraging woman’s modesty), 354-A (Sexual harassment), 467 (Forgery), 468, 471, 420 (Cheating), 506 (Criminal Intimidation) of the Indian Penal Code and Sections 7 and 8 (Sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act..Justice Sujoy Paul of the Indore Bench of the High Court was hearing the Ali's first application for grant of bail.The district court had rejected Ali’s bail application in August following which he moved the High Court..Ali's counsel submitted that he was selling bangles when he was abused, threatened and assaulted by hooligans. He then lodged a complaint against them. In retaliation, the hooligans cooked up a story that the applicant had sexually assaulted a minor girl and a cross-FIR was filed.Certain photographs were submitted to the Court to show that the applicant had been badly beaten and the applicant’s counsel urged the single-Judge to examine a CD filed which would “separate the wheat from chaff and will make it clear as to who has actually committed the offence.”With respect to the investigation, Ali's counsel informed the Court that no more custodial investigation would be required since the incriminating material was already in the prosecution’s possession. The Court was assured that the applicant would not tamper with evidence or witnesses, if he is released..The plea was strongly opposed by both the government counsel and the counsel for the objector. It was brought to the Court’s notice that various identity cards of different identities were recovered from the applicant and therefore, he might flee if bail is granted..However, Justice Paul was unconvinced by the contention that the applicant would flee from justice since the prosecution already had his permanent address.Further, it was observed that the nature of accusation was not such that it required the applicant to remain in custody till the matter was decided, the applicant did not have any criminal antecedents. There was no material to show that applicant was instrumental in threatening the complainant, the Court further noted..Therefore, the bail application was allowed subject to furnishing bail bond of ₹50,000.“Considering the nature of accusation and in absence of any criminal record, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed,” the order said..The High Court however cautioned that if the applicant fails to appear before the trial court for hearing, his bail would be cancelled..Advocate Ehtesham Hashmi appeared for the applicant while government advocate Aditya Garg appeared for the State. The objector was represented by advocate Manish Gupta..[Read Order]