In a bail application filed before the Allahabad High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regarding a First Information Report (FIR) registered against offences punishable under Sections 109(1), 109(2), 118(2), 121(1), 189(5), 191(2), 191(3), 195(1), 196(1), 196(2), 223, 310(2), 324(5), 324(6), 61(2), 62 of Bharatiya Nyaya Sanhita, 2023, Section 7 of the Criminal Law Amendment Act, and Section 3/4 of Prevention of Damage of Public Property Act, a Single Judge Bench of Justice Ashutosh Srivastava refused to grant bail to the applicant.
The applicant, President of Ittehad-e-Millat Council (IMC), had given a call in a public meeting held on 19-09-2025 persuading members of the Muslim Community to assemble at the grounds of Islamia Inter College to protest against alleged atrocities and false cases lodged by the State Government. The local administration, upon learning of this planned assembly, issued a prohibition order under Section 163 of the BNSS, barring gatherings of five or more persons. Despite this, around 200-250 persons marched towards Islamia Inter College in response to the applicant’s call, and when the Police attempted to stop them, the crowd raised the slogan “Gustakh-e-Nabi Ki Ek Hi Saza, Sar Tan Se Juda, Sar Tan Se Juda”, shouted slogans against the Government, pelted stones and petrol bombs, injuring several police personnel and damaging public property.
The applicant’s bail plea before the Trial Court had earlier been rejected by the Additional Sessions Judge, Bareilly, by an order dated 10-11-2025, and the applicant had been languishing in jail since 27-09-2025. It was argued that the applicant was innocent and falsely implicated for ulterior political motives and that he had not organized the gathering with intent to incite violence, having no direct role in causing damage. It was submitted that the IMC spokespersons had called for the gathering on 25-09-2025, that a withdrawal letter had since been issued, and that though the applicant had circulated a video declaring the withdrawal letter fraudulent and again calling for assembly, he was not present at the scene, having been under house arrest. It was also submitted that the applicant had criminal antecedents of 12 cases, having been bailed out in 9 of them, and undertook to cooperate with the trial.
The Court found that although the applicant was not present at the scene, he had called upon the Muslim Community to assemble at Islamia Inter College without seeking administrative permission to satisfy his religious and private political interests, and that the assembly had indeed proceeded despite the Section 163 order, resulting in rioting and injuries to police personnel. It was also noted that the applicant’s subsequent speech thanking the masses for responding to his call could not be approved of. The Court further held that the slogan “Gustakh-e-Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda” amounted to a challenge to the authority of law and the sovereignty and integrity of India, inciting armed rebellion, and distinguished it from slogans such as “Nara-e-Takbir, Allahu-Akbar”“Jo Bole So Nihal Sat Sri Akal”“Jai Shri Ram” or “Har Har Mahadev” which expressed respect God or Guru.
Noting that although the charge sheet had been filed on 21-12-2025, the charges against the applicant had yet to be framed, the Court refused to grant bail to the applicant and rejected the application.
