Noida workers' April protest: HC grants bail to accused
PRAYAGRAJ, Aug. 30 -- The Allahabad high court has granted bail to Himanshu Thakur, a member of the workers' union 'Mazdoor Bigul Dasta' who was accused in two FIRs registered in connection with the industrial workers' protest in Noida in April this year.
In two separate orders-one passed by Justice Avnish Saxena and the other by Justice Krishan Pahal-the court found that no specific role was attributed to Thakur in the alleged mob violence, even as the state opposed the bail on grounds of his social media activities.
Thakur was arrested on April 17 in connection with two crime cases registered at Phase-2 police station Gautam Buddha Nagar, Noida. The FIRs alleged that a large mob of workers had gathered at industrial establishments in Noida, engaged in stone-pelting, damaged company property, and assaulted employees and police personnel.
The charges were brought under several provisions of the Bharatiya Nyaya Sanhita (BNS) along with the Prevention of Damage to Public Property Act and the Criminal Law Amendment Act. On August 7, Justice Pahal granted bail in one of the two cases. Taking note that a similarly placed co-accused, Ravi Kumar Rathore, had already been granted bail by a coordinate bench, Justice Pahal observed that Thakur's criminal history "stands explained." He directed Thakur's release on furnishing a personal bond and two sureties, with conditions not to tamper with evidence or intimidate witnesses.
On August 20, Justice Avnish Saxena granted bail in the other case. State counsel argued that Thakur was "instrumental in spreading the violence throughout the state through the social media handle" and had "handled the internet for spreading of the hatred."
However, the court found no specific role assigned to him in the FIR, which implicated a mob of 450-500 people. "Considering the mob violence wherein no specific role is attributed to the accused applicant," Justice Saxena allowed the bail.
Thakur has been directed to cooperate with the judicial process for a fair and speedy trial. The bail conditions require him to appear before the trial court as needed....
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