Allahabad High Court Grants Interim Anticipatory Bail in Sambhal Violence Case
The Allahabad High Court has granted interim anticipatory bail to Mohammad Alam, a biscuit seller who is an accused in the November 2024 Sambhal violence case. Alam faces serious charges including attempt to murder, rioting with weapons, and attacking policemen on duty. The court's decision comes amid a complex legal backdrop involving allegations of police misconduct and judicial transfers.
Background of the Case and Judicial Orders
On January 9, the then Sambhal Chief Judicial Magistrate (CJM), Vibhanshu Sudheer, ordered the registration of an FIR against then Circle Officer (CO) of Sambhal City, Anuj Chaudhary, and other policemen. This order was based on injuries sustained by Alam during alleged police firing in the violence. However, the FIR has not been registered yet, as the Sambhal Superintendent of Police stated that the police would approach the High Court to challenge this order.
The CJM's order gained attention last week after Sudheer was transferred to Sultanpur district as Civil Judge (Senior Division) on January 20. He was replaced by Aditya Singh, Civil Judge, Senior Division, Sambhal at Chandausi. Interestingly, Singh is the same judge who, two years ago on November 19, cleared a survey of the Sambhal Jama Masjid on a petition claiming that a temple had been demolished to build the mosque in 1526. This survey order had previously triggered violence that resulted in four deaths and injuries to several people, including policemen. Singh has since been transferred back to his original post.
Court Proceedings and Bail Conditions
During the hearing, Alam's counsel argued that Alam is innocent and fears arrest in the case. The counsel submitted that Alam suffered gunshot injuries in the alleged incident and underwent treatment. It was assured that Alam would not misuse the liberty of bail, would cooperate with the investigation, and obey all bail conditions.
Opposing the plea, the government counsel contended that Alam did not suffer any gunshot injury due to police firing. After hearing both sides, a bench of Justice Jitendra Kumar Sinha granted interim anticipatory bail to Alam. The court ordered that Alam be released on furnishing a personal bond of Rs 50,000 with two sureties each in the like amount to the satisfaction of the concerned court until February 25, 2026.
The court emphasized that this decision was made without expressing any opinion on the merits of the case. It also directed that in the event of non-compliance with bail conditions, the prosecution would be at liberty to move an appropriate application seeking cancellation of the interim anticipatory bail. The next hearing is scheduled for February 25, and the government counsel has been asked to file a counter affidavit.
Legal Framework and Charges
Alam's application was moved under various sections of the Bharatiya Nyaya Sanhita (BNS), including sections 191(3), 223(b), 309(4), 125, 109(1), 121(2), 121(1), 132, 221, 352, 115(2), 190, and 191(2). These sections relate to charges such as attempt to murder, rioting, and assault on public servants, among others, in the case lodged at Sambhal police station.
This development highlights the ongoing legal complexities in the Sambhal violence case, balancing the rights of the accused with the need for thorough investigation. The case continues to draw attention due to its implications for police accountability and judicial processes in Uttar Pradesh.
