Bail granted to three accused cancelled : Valley Vision

The bail of three men, arrested for allegedly assaulting an elderly Muslim man, Ashraf Ali Sayyed Hussain, after accusing him of carrying beef aboard a long-distance train last week, has been cancelled by the railway court after police added a few more sections to the case.

“…We have included a few more sections and resubmitted the case before the court, which has cancelled the bail granted to the three accused arrested earlier,” Times of India quotes Ravindra Shisve, GRP commissioner as saying.

Akash Ahwad, Nilesh Ahire, and Jayesh Mohite, three youths arrested for allegedly assaulting an elderly Muslim man on a train after accusing him of carrying beef, were released on bail within a day, sparking outrage as police statements revealed they were charged only under bailable sections of the new Bharatiya Nyaya Sanhita (BNS) laws.

The accused, , all in their 20s and en route Mumbai for a police exam, were booked under sections 189(2) of the Bharatiya Nyaya Sanhita (BNS) for unlawful assembly, 191(2) for rioting, 126(2) for wrongful restraint, 190 for wantonly doing anything illegal and knowing that provocation could cause a riot, 115(2) for voluntarily causing hurt, 352 for breach of peace, 324(4) for mischief causing damage or loss of between Rs 20,000 and Rs 1 lakh, and 351(3) for criminal intimidation by threatening to cause death or grievous hurt. All sections were magistrate-triable.

”Investigating Officer has filed an application wherein, it is stated that she recorded supplementary statement of the informant and as per his supplementary statement, Investigating Officer. has inserted two more Sections in the case i.e. Section 302 and 311 of the Bhartiya Nyay Sanita and for further investigation she has prayed to cancel bail of accused No.1 to 3,” read the order accessed by Maktoob.

Mumbai Police, meanwhile, have identified two more accused in the case and are in the process of arresting them.

The video shows that the man, identified as Ashraf Ali Sayyed Hussain alias Haji Ashraf Munyar, was attacked based on his Muslim identity and verbally abused, but the police ignored this aspect of the incident entirely.

Hussain, a resident of Jalgaon district, was travelling to his daughter’s house in Kalyan when he was beaten up by his co-passengers near Igatpuri on 30 August.

The men punched the elderly Muslim man in the face, chest, and stomach, hurled anti-Muslim abuses, snatched his phone, and recorded the assault on mobile phone before posting it on social media.

Hussain was carrying buffalo meat and the consumption of water buffalo meat is legal in Maharashtra.

He also said to The Wire that the men threatened to kill him and rape the women of his family if he complained to the police.

Once the videos of assault were out, activists belonging to the Social Democratic Party of India (SDPI) encouraged Hussain to take legal recourse. Hussain, accompanied by his family and a team of SDPI workers, went to Thane police station. The police registered an FIR.