Sambhal Violence: Allahabad High Court Grants Bail To Masjid Chairman, Says Nothing Hints His Involvement

The Allahabad High Court has granted bail to the Chairman of Sambhal Jama Masjid Committee observing that there is nothing on record to show his involvement.

The Court was considering a Bail Application in a case registered under Sections 191(2), 191(3), 190, 221, 132, 125, 324(5), 196, 223-B, 326(F), 230, 231 of Bharatiya Nyaya Sanhita and Sections 3, 4 Public Property Damage Prevention Act.

The Bench of Justice Sameer Jain observed, "...it reflects, during investigation, after the order passed by the Division Bench of this Court in the writ petition filed by co-accused Zia-Ur-Rahman Barq, offences under Sections 230, 231 B.N.S. have also been added, which were punishable with maximum punishment of life imprisonment but it reflects, except bald and verbal allegation, there is no admissible evidence against the applicant with regard to the offences under Sections 230, 231 B.N.S., as during the course of argument, learned A.G.A. could not place any material on the basis of which, this Court can infer that applicant prima-facie appears to have been committed the offences under Sections 230, 231 B.N.S.."

The Applicant was represented by Advocate Irshad Ahmad while the Respondent was represented by Government Advocate.

Facts of the Case

FIR of the present case was lodged against co-accused persons and 700-800 unknown persons and as per the allegation, during pendency of the civil suit, Advocate Commission was issued and when Commission arrived for survey of a mosque situated at Sambhal district then nominated accused persons along with 700-800 unknown persons created hurdle in survey and started making agitation and on their instigation, mob damaged the public property including police vehicles.

Counsel for the Applicant submitted that in the month of March, 2025 in district Sambal suddenly violence erupted and agitations started and in one of such incidents, four persons died and with regard to the incidents including incident of murder other FIRs were lodged and in none of the FIR applicant was named as accused but being Chairman of Sambhal Jama Masjid Committee when he started making allegations against the police personnel that they were responsible for the death of the innocent people then due to this reason, he has been roped in the present matter.

He submitted that there is no evidence that Applicant participated in the alleged agitation and he has been made accused merely because he was Chairman of Sambhal Jama Masjid Committee however as per prosecution, he was present at the time of incident.

Reasoning By Court

The Court noted that though as per FIR, under the leadership of co-accused mob damaged the public property including police vehicles and also created obstruction in survey of a mosque, however the Applicant was Chairman of Sambhal Jama Masjid Committee, therefore, as per prosecution, he was instrumental for the agitation and thus, during investigation, he has been made accused in the present matter.

It stated that from the record, it could not be reflected that he also participated in the alleged incident of agitation. Noting that the Applicant is in jail in the present matter since is in jail since last four months and chargesheet has been filed against him, the Court was inclined to grant him bail.

"....law is settled, unless proven guilty, an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose", the Court added.

The Application was accordingly allowed.

Cause Title: Zafar Ali vs. State of U.P. (2025:AHC:122166)

Appearances:

Applicant- Advocate Irshad Ahmad, Senior Advocate Prakhar Saran Srivastava

Respondent- Government Advocate

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