Nagpur Communal Violence: Court Grants Bail To Former Govt Servant Booked For Inciting Violence By Posting 'Pro-Aurangzeb' Post On Social Media

A sessions court in Nagpur on Monday granted bail to a 69-year-old former Government servant, who had made a post about Aurangzeb's Tomb, because of which the communal violence took place in the city on March 17.

Adhoc District Judge MB Oza noted that the applicant-accused Mohammad Hamid Mohammad Hanif was a senior citizen and that the completion of investigation will take time and filing of chargesheet will also take time.

"The accused is a senior citizen about 69 years. Keeping him in jail will not be proper. The prosecution has not produced any documents to show that there is previous conviction of this accused in any such crime. If accused remains in jail for long time and not released on bail he and his family will suffer in life which is not good for their future," the judge observed in the order.

The judge further noted that there is time for filing chargesheet and also thereafter trial will not get over in short time.

"No purpose would be served by keeping the accused behind bar. There is no more requirement of custody of accused. The prosecution will not suffer if this accused is released on bail with stringent conditions. With the conditions bail can be granted to the accused," the judge opined.

According to the prosecution, Police Head Constable Parth Shukla, of the Sadar Police Station in Nagpur, was checking the social media on his mobile about the social media messages being shared online. He also found such news on social media that people had gathered and Aurangzeb photos were being burnt. This social media messages instigated violence in Nagpur, the prosecution claimed, after noting going through URL and ID text messages which instigated the violence.

As per the prosecution, the applicant had posted a message on social media stating that the tomb/kabar of Aurangzeb is a heritage site and that no one can even touch the same.

Hanif was accordingly booked under sections 196 (promoting enmity between two groups), 353 (1)(b) (inciting public against State or Public Tranquility), 353 (1)(c) (inciting a community against the other), 353 (2) (circulating false information or rumours to promote communal disharmony) of the Bharatiya Nyay Sanhita (BNS). He was also booked under relevant sections of the Information and Technology Act.

Arguing for Hanif, advocate Ashwin Ingole pointed out that the police had also lodged a case against 9 persons of the Vishwa Hindu Parishad (VHP) and also the Bajrang Dal, who had raised slogans for removal of Aurangzeb's Tomb. He argued that the violence was incited because of these persons sloganeering and not because of his client's social media post.

However, the court noted that the accused was in police custody for sufficient time and since he is a pensioner, there are less chances of him absconding. Therefore, the court granted him bail on surety of Rs 50,000.

Case Title: Mohammad Hamid Mohammad Hanif vs State of Maharashtra (Criminal Bail Application 914 of 2025)

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