But additional sessions judge Dr Virender Prashad granted bail with riders that the accused will be available for investigation when required, and they can’t leave the country without permission of the court.
Pankaj Sharma and Hem Singh, both residents of Nanukalan village in Pataudi, were arrested by Gurgaon police on August 8.
The arrest was made after a mob attacked a mosque on August 3, ransacking a portion of its premises.
An FIR was registered at the Pataudi police station against unknown accused on the complaint of the mosque’s caretaker Izaaz Hussain under IPC sections 147 (rioting), 149 (unlawful assembly), 153A (promoting enmity), 427 (mischief causing damage) and 295 (defiling a place of worship).
The court’s order came after the accused’s counsel Manish Shandilya argued that Sharma and Singh were not named in the FIR.
“Police report clearly depicts that there was a mob which carried out certain illegal activities, which resulted in damage to the mosque. The name of the accused was made in disclosure statements of another accused,” said Shandilya. He said it would be a “moot point” to keep his clients in jail as such the admission was made in police custody and it is not known if these would be presented as evidence during trial or not. After hearing the arguments, the judge granted bail, saying: “The accused shall make themselves available for interrogation by police officials as and when required. They will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.”