BY- ATLURI SHRI VIDYA
On the 13th of October, the Tripura High Court refused pre-arrest bail to a man who was suspected to be a part of a mob lynching in which 18-year-old Saiful Islam was murdered in June, on suspicion of cattle smuggling.
The Bench of Justice S. G. Chattopadhyay has dismissed pre-arrest bail for Gagan Debbarma by emphasizing that the young boy of 18 years was mercilessly lynched by a mob solely on the allegation that he was a livestock lifter, despite the fact that no animals were found under his possession. On 20th June 2021 the officer who was in charge of Mungiakami police station, Khowai, has found that the Saiful Islam has other companions who had stolen the cattle and caught by the locals (responsible for lynching) in the course of transporting the stolen cattle in a vehicle. As the complainant appeared at the scene, he has discovered that the dead lying on the street in a severe state, with several cuts and wounds due to lynching on his body, and was unable to communicate.
Mainly when the dead Saiful Isalm tried to run away, he was caught near Sovaram Chow Para was violently mistreated due to lynching by an enraged crowd, resulting in his wounds and his death in hospital.
At the time of the inquiry, the police have recorded the testimonies of the witness where the bail applicant was found to be a member of a mob that has allegedly murdered the dead, and he has been charged with the offense punishable under sections 341 and 302 r/w s section 34 IPC.
The bail applicant claimed in his current bail request that he was not identified as a suspect of lynching in the FIR and that no prima facie evidence of murder had been established upon him, thus his trial and conviction were unjustifiable.
The state’s attorney stated that the lynching by a crowd, and also that eyewitness testimony has disclosed the identity of the suspected petitioner as being one of the mob members who have been discovered following then killing the deceased. As a result, the Court rejected this bail applicant the advantage of anticipatory release, citing the seriousness of the offense and the fact that the death was mercilessly murdered by a crowd solely on the belief that he was a livestock lifter, despite the fact that no animals were found in his possession.