Prayagraj High Court Grants Interim Protection to Youth in Sambhal Police Firing Case
The Allahabad High Court in Prayagraj has provided interim anticipatory bail to Mohd Alam, a young resident of Sambhal district, in a significant development concerning alleged police firing during November 2024 violence. Justice Jitendra Kumar Sinha granted this protective measure until February 25, 2025, while simultaneously directing the Uttar Pradesh state government to submit its counter-affidavit in response to the bail application.
Legal Proceedings and Conflicting Narratives
This judicial intervention follows earlier legal actions initiated by Alam's father, Yameen. On January 9, 2025, a Chief Judicial Magistrate (CJM) Court in Sambhal had ordered the registration of a First Information Report (FIR) against specific police officials, including then Circle Officer Anuj Chaudhary, based on Yameen's petition alleging unprovoked firing upon his son during the November disturbances.
During the high court hearing, Alam's legal counsel presented multiple arguments in favor of bail:
- The applicant was completely innocent and had legitimate apprehension of arrest
- Alam's name did not appear in the initial FIR registered regarding the incident
- No substantive offense could be established against the young man
- The youth had actually suffered gunshot injuries during the alleged incident and received medical treatment
- Alam would fully cooperate with the trial process and present himself before investigating authorities as required
Contrasting sharply with this defense, the state government's counsel opposed the bail application, requesting additional time to file their counter-affidavit. The government representative specifically contested the injury claims, asserting that Alam had not sustained any gunshot wounds from police firearm discharge.
Background of the Case and CJM Court Observations
The case originates from events described in Yameen's application to the CJM Court. According to the father's petition, on November 24, 2024, around 8:45 AM, Alam was operating his small kiosk selling 'pape' (rusks) and biscuits near Jama Masjid in Mohalla Kot, Sambhal, when named police officials allegedly began firing at the gathered crowd with lethal intent.
The petition specifically identified Sambhal Circle Officer Anuj Chaudhary and Kotwali in-charge Anuj Kumar Tomar among the officials accused of the firing incident. In his comprehensive 11-page order, CJM Vibhanshu Sudheer made a crucial observation that police personnel cannot claim immunity under the "official duty" protection for actions constituting criminal offenses.
Legal Charges and Future Proceedings
Mohd Alam currently faces charges under multiple sections of the newly implemented Bhartiya Nyaya Sanhita (BNS), including:
- Section 191(3) - Rioting with deadly weapon
- Section 109(1) - Attempt to murder
- Section 121 - Voluntarily causing hurt to deter public servant
- Section 132 - Assault on public servant
These charges have been registered at a police station within Sambhal district. The high court's interim bail grant provides temporary relief to Alam while the state government prepares its formal response. The case highlights ongoing tensions between law enforcement accountability and individual rights protection within the Indian judicial system, particularly concerning allegations of excessive force during civil disturbances.
The next significant development in this legal battle will occur when the state government submits its counter-affidavit, after which Justice Sinha's bench will consider further arguments before making a final determination on the anticipatory bail application.
