Adhoc District Judge-4 M B Oza has granted bail to 69-year-old Mohammad Hamid Mohammad Hanif alias Engineer, a resident of Seva Sadan Apartment, Gandhibagh, who was arrested in connection with riots that occurred in the city on March 17. Hamid was arrested on March 19 and had been in judicial custody for over a month. He was booked under Sections 192, 196, 353(1)(b), 353(1)(c), and 353(2) of the Bharatiya Nyaya Sanhita (BNS), along with Sections 66(c) and 66(d) of the Information Technology Act.

 

He was accused of sharing provocative content on social media that allegedly instigated violence. In his bail application, Hamid’s counsel stated that the post he shared on the social media, on March 16, merely highlighted that Aurangzeb’s grave is a heritage site and should not be desecrated. He also stated that he had lodged a complaint on March 17 against certain persons affiliated with Vishwa Hindu Parishad and Bajrang Dal who allegedly raised inflammatory slogans calling for the removal of the grave.

 

The defense argued that Hamid had no prior criminal record, had fully cooperated with the investigation. It claimed that there was no direct evidence linking him to the incitement of violence. The counsel underlined that Hamid is a senior citizen and has dependents at home. While the prosecution opposed the bail and cited the seriousness of the offence and concerns that the accused might tamper with evidence or abscond, the court observed that the investigation was nearly complete and that continued incarceration was unnecessary.

 

Judge Oza noted the principle that bail is the rule and jail is the exception and referred to several Supreme Court judgments, including Sanjay Chandra v. CBI and P Chidambaram v. Directorate of Enforcement, to support the view that prolonged detention without trial is unjustified, particularly for an elderly person with no prior convictions. The court granted bail on the condition that Hamid furnish a personal bond of Rs 50,000 with one or more solvent sureties.