Allahabad High Court

1. Heard Sri Irshad Ahmad, learned counsel for the applicants, Sri Arvind Kumar, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 336 of 2024, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(b) of B.N.S. and Section 7 C.L.A. Act, Police Station- Kotwali Sambhal, District- Sambhal, during the pendency of the trial.

3. An FIR dated 24.11.2024 was lodged by Anuj Kumar Chaudhary, Circle Officer, Sambhal, District- Sambhal, making allegation against 700-800 unknown persons for firing and brick-batting on the police force while they were performing their official duty along with the Court Ameen as well as survey team appointed by the Court regarding inspection of Shahi Jama Masjid, Sambhal. In the aforesaid incident, Circle Officer Anuj Kumar Chaudhary also received firearm injury in his leg. Apart from this, several other police men were also injured. After the investigation, the police identified several persons through CCTV footage and submitted charge sheet dated 16.02.2025 against 38 persons including the present applicant and thereafter, the police submitted second charge sheet in the present case crime number against six other persons on 30.08.2025, therefore, in the present case crime number, total 44 persons were charge-sheeted including the present applicant. The record shows that out of these 44 persons, 40 accused have filed bail applications before this Court and 37 accused persons have been released on bail and bail applications of three accused are pending before this Court. 2 BAIL No. 33255 of 2025

4. Learned counsel for the applicant submitted that general allegation has been made against 700-800 unknown persons without specifying the role or name of any person and the applicant has been falsely implicated in this case without any incriminating material against him. It is further submitted by learned counsel for the applicant that similarly situated accused persons, namely, Zainul, Tanveer, Rehan Ali, Mohd. Haider, Shahad, Abdul Ali, Haider Ali, Munavvar Ali, Akbar Ali, Yakoob, Faiz Alam, Fardeen, Shubhan @ Munna, Javed Akhtar, Aftab, Amir, Shariq, Mohd. Azeem, Mohd. Saleem and three others, Naim, Mohd. Azam Khan, Saleem, Mohd. Nadeem, Ajaharuddin, Yameen, Shauib, Rehan, Shujauddin, Sameer, Faizan, Mohd. Rihan and one juvenile have been released on bail by coordinate Benches of this Court. One of the bail application of Mohd Ali has been produced before this Court bearing Criminal Misc. Bail Application No. 39637 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. He is languishing in jail since

24.11.2024.

5. Learned AGA vehemently opposed the prayer and submitted that the applicant and other co-accused persons have participated in rioting, firing and stone pelting on the police party while police personnel and Court Ameen were performing their official duty, therefore, the applicant is not entitled to be released on bail. However, learned AGA could not dispute the fact that similarly situated 38 accused have already been released on bail. It is further submitted that total eight F.I.R.s have been lodged regarding the incident in question in District- Sambhal and charge-sheets have also been filed.

6. Considering the entire facts and circumstances of the case, aforesaid submissions of learned counsel for the parties and taking into account general allegation has been made against 700-800 persons, but the charge sheet has been filed only against 44 persons, out of whom 38 accused persons have already been released on bail, the applicant is also entitled to be released on bail on the ground of parity. The applicant has also explained the criminal history of three cases, which were planted against him along with this case. Accordingly, the bail application is allowed. 3 BAIL No. 33255 of 2025

7. Let the applicants- Rehan Ali and Salman, involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicants shall 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 or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

12. Office is directed to send a copy of this order to the applicants through concerned jail superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 . November 19, 2025 S.C. (Arun Kumar Singh Deshwal,J.)

1. Heard Sri Irshad Ahmad, learned counsel for the applicants, Sri Arvind Kumar, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 336 of 2024, under Sections 191(2), 191(3), 190, 221, 132, 121(1), 121(2), 109(1), 125, 223(b) of B.N.S. and Section 7 C.L.A. Act, Police Station- Kotwali Sambhal, District- Sambhal, during the pendency of the trial.

3. An FIR dated 24.11.2024 was lodged by Anuj Kumar Chaudhary, Circle Officer, Sambhal, District- Sambhal, making allegation against 700-800 unknown persons for firing and brick-batting on the police force while they were performing their official duty along with the Court Ameen as well as survey team appointed by the Court regarding inspection of Shahi Jama Masjid, Sambhal. In the aforesaid incident, Circle Officer Anuj Kumar Chaudhary also received firearm injury in his leg. Apart from this, several other police men were also injured. After the investigation, the police identified several persons through CCTV footage and submitted charge sheet dated 16.02.2025 against 38 persons including the present applicant and thereafter, the police submitted second charge sheet in the present case crime number against six other persons on 30.08.2025, therefore, in the present case crime number, total 44 persons were charge-sheeted including the present applicant. The record shows that out of these 44 persons, 40 accused have filed bail applications before this Court and 37 accused persons have been released on bail and bail applications of three accused are pending before this Court. 2 BAIL No. 33255 of 2025

4. Learned counsel for the applicant submitted that general allegation has been made against 700-800 unknown persons without specifying the role or name of any person and the applicant has been falsely implicated in this case without any incriminating material against him. It is further submitted by learned counsel for the applicant that similarly situated accused persons, namely, Zainul, Tanveer, Rehan Ali, Mohd. Haider, Shahad, Abdul Ali, Haider Ali, Munavvar Ali, Akbar Ali, Yakoob, Faiz Alam, Fardeen, Shubhan @ Munna, Javed Akhtar, Aftab, Amir, Shariq, Mohd. Azeem, Mohd. Saleem and three others, Naim, Mohd. Azam Khan, Saleem, Mohd. Nadeem, Ajaharuddin, Yameen, Shauib, Rehan, Shujauddin, Sameer, Faizan, Mohd. Rihan and one juvenile have been released on bail by coordinate Benches of this Court. One of the bail application of Mohd Ali has been produced before this Court bearing Criminal Misc. Bail Application No. 39637 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. He is languishing in jail since

24.11.2024.

5. Learned AGA vehemently opposed the prayer and submitted that the applicant and other co-accused persons have participated in rioting, firing and stone pelting on the police party while police personnel and Court Ameen were performing their official duty, therefore, the applicant is not entitled to be released on bail. However, learned AGA could not dispute the fact that similarly situated 38 accused have already been released on bail. It is further submitted that total eight F.I.R.s have been lodged regarding the incident in question in District- Sambhal and charge-sheets have also been filed.

6. Considering the entire facts and circumstances of the case, aforesaid submissions of learned counsel for the parties and taking into account general allegation has been made against 700-800 persons, but the charge sheet has been filed only against 44 persons, out of whom 38 accused persons have already been released on bail, the applicant is also entitled to be released on bail on the ground of parity. The applicant has also explained the criminal history of three cases, which were planted against him along with this case. Accordingly, the bail application is allowed. 3 BAIL No. 33255 of 2025

7. Let the applicants- Rehan Ali and Salman, involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicants shall 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 or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

12. Office is directed to send a copy of this order to the applicants through concerned jail superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 . November 19, 2025 S.C. (Arun Kumar Singh Deshwal,J.)