Prayagraj, Jun 6 (PTI) The Allahabad High Court has dismissed Tauqeer Raza Khan’s bail plea filed in connection with a Bareilly violence case, observing that there is a significant risk that he may once again incite a particular community and disturb peace and harmony.
Justice Arun Kumar Singh Deshwal passed the order on June 5 rejecting the bail application filed by Khan.
“Considering the entire facts and circumstances of the case and upon perusal of records, it is not in dispute that the applicant persuaded several youth of the Muslim Community in a public meeting to assemble at Islamia Inter College.
“Despite the invocation of Section 163 BNSS 2023, while proceeding towards Islamia Inter College, they were stopped by the police; then they became involved in arson and started pelting stones, throwing petrol bombs and destroying the public property, including causing injuries to several police personnel,” the court said.
It said that the statement of the eyewitness and the video clip show that Khan was the main person who persuaded these people through provocative speech to assemble at Islamia Inter College.
“Therefore, for the offence committed by the crowd, the applicant will also be liable being the main conspirator for the offences,” it said.
The court noted that raising the slogan “gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda” is a challenge to the authority of law as well as sovereignty and integrity of India, as it calls for an armed rebellion.
It said the act is not only punishable under Section 152 of BNS but also against the basic tenets of Islam.
“Considering the applicant’s extensive criminal history in similar cases, there is a significant risk that, if released, he may once again incite a particular community and disturb peace and harmony. Therefore, this Court is not inclined to grant bail to the applicant,” it said.
According to the police, on September 26, Khan gave a call to members of a particular community to assemble at Islamiya Inter College in Bareilly.
Despite prohibitory orders in force, a crowd of about 200-250 people gathered and proceeded towards Shyamganj Chauraha from Maulana Azad Inter College.
The crowd, holding boards and raising provocative slogans, paid little heed to the warning and persuasions made by the police personnel at the spot.
The situation escalated when the accused persons became aggressive and insisted on marching ahead.
Brickbats, stones and acid bottles were thrown at the police during the confrontation, and gunshots were fired from the crowd, it was alleged.
The FIR stated that in the ensuing violence, clothes of police personnel were torn and two officers sustained injuries. PTI RAJ VN VN
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