The High Court of Punjab and Haryana rejected a petition filed by individuals accused in a case involving a mob attack on Police Station Ajnala. Over 200 people, armed with deadly weapons, had assaulted the station to free one of their associates from custody. The court emphasized the increasing trend of violent incidents, particularly against state authorities, by such mobs. It expressed concern about the threat posed to both societal harmony and law enforcement. Consequently, the court found no merit in the petition.

The individuals who filed the petition were charged under various sections of the Indian Penal Code (IPC), including 307, 353, 186, 332, 333, 506, 120-B, 427, 148, and 149. These charges were filed in February 2023 due to their involvement in a mob attack at Ajnala police station. The attack resulted in injuries to senior police officials, including those up to the rank of Superintendent of Police. The mob, armed with sharp-edged weapons, also caused damage to government property. The petitioners sought bail through the present petition.

The legal representative advocating for the petitioner argued that the FIR did not initially mention the names of the petitioners, nor did it assign them specific roles or injuries. The petitioners' names reportedly emerged only during the subsequent investigation, approximately one month after the FIR was registered. The counsel further contended that the petitioners were not present at the location of the incident. Additionally, it was argued that there was a significant delay in filing the current FIR. The alleged incident occurred on 23.02.2023 at 02:00 p.m., but the FIR was not registered until more than 30 hours later, on 24.02.2023, at 09:50 p.m.

The legal representative representing the state objected to the petitioners being granted regular bail. The opposition was based on the assertion that there is substantial incriminating evidence on record, clearly indicating the active participation of the petitioners in the incident under consideration. The counsel pointed out that the charges have been formally presented before the trial court. Additionally, concerns were raised about potential threats to witnesses if the petitioners were released on bail, which could ultimately hinder the progress of the trial.

The court, in its reference to the FIR, highlighted that on 23.02.2023, a mob comprising approximately 200-250 individuals, led by Amritpal Singh, self-proclaimed leader of an organization named "Waris Punjab De," launched an attack on Police Station Ajnala. The motive behind the assault was to secure the release of one of their associates held in police custody. During their attempt, the mob resorted to violence, causing injuries to senior police officials, including those up to the rank of Superintendent of Police. Armed with deadly weapons, the mob also engaged in the destruction of government property.

The court, upon a comprehensive examination of the record, noted that despite the petitioners' assertion that they were not present at the scene of the incident and were falsely implicated in the FIR, the tower locations of their mobile phones were detected at the place of occurrence during the relevant time. This, according to the court, contradicts the petitioners' claim. The court also emphasized that even though the petitioners' names were not initially mentioned in the FIR, they were subsequently nominated as accused based on the incriminating material that surfaced during the investigation.

The court expressed that the current incident has deeply disturbed the collective conscience of the nation. It described how an unruly mob, which included the petitioners, acted under the influence of Amritpal Singh, unlawfully taking matters into their own hands by assaulting a police station. Their motive was to release one of their associates from police custody, bypassing legal channels. The court remarked that the "show of strength" by the mob, including the petitioners, in this violent act suggests a disregard for the "Rule of Law." Such actions challenge the sovereignty and integrity of the state, as the mobsters present themselves as being above the established legal order.

The court determined that the petitions lacked merit and subsequently dismissed them.

Case: Jagdish Singh vs State of Punjab,

CRM-M-36305-2023.