In a bail application filed before the Allahabad High Court seeking release of the President of the Ittefaq Minnat Council (INC) during trial in a case under Sections 190, 191(2), 191(3), 124(2), 121, 125, 352, 351(3), 109, 299, 223, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 7 of the Criminal Law Amendment Act, 1932 (CLA), a Single Judge Bench of Justice Arun Kumar Singh Deshwal took note of the applicant’s criminal history and rejected his bail application.
On 26-09-2025, a First Information Report (FIR) was lodged alleging that the applicant had given a call in a public meeting held on 19-05-2025 to persuade members of the Muslim Community to assemble in the field of Islamia Inter College to protest against atrocities being faced by them as well as lodging of false cases against Muslims by the State Government.
Thereafter, the Administration issued an order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prohibiting the assembly of five or more persons at a public place in Bareilly. Despite this, around 200-250 people proceeded towards the Islamia Inter College and started reciting “Sar Tan Se Juda” when the police tried to stop them. They also shouted slogans against the government while pelting stones and petrol bombs on the police due to which several police personnel suffered injuries.
The applicant contended that he was not named in the FIR and that a viral video showed that he did not persuade any member. He also argued that he was unaware of the public’s intention to destroy public property while explaining his criminal history in 24 cases and that he had been in jail since 14-10-2025. On the other hand, the State asserted that an eye witness had informed his participation in the said meeting wherein the applicant had provoked the public. It was also contended that the applicant was also the main conspirator of the Bareilly riot violence, which made him a habitual offender.
The Court stated that the statement of the eye-witness and the video clip depicted that the applicant was the main person who persuaded the Muslim youth to assemble at Islamia Inter College and that he was aware that a highly emotional and volatile crowd incited by him in the name of Prophet Mohammad may resort to rioting and arson.
It was held that the applicant, being the main conspirator, was also liable for the offences committed by the crowd under BNS, and that he could not be absolved of his liability for such illegal acts. Referring to the Supreme Court’s decision in State of Punjab v. Balraj Singh (SLP (Cr.) No. 896 of 2026), the Court stated that permitting individuals like the applicant to incite divisions on religious grounds for political gains threatens to unravel the social fabric of the country and poses a serious risk to national integrity.
The Court noted the persuasion by the applicant on two occasions and found a significant risk that if released, he may again incite a particular community to disturb peace and harmony. Thus, the Court rejected his bail application.
