Prayagraj, Jan 27 (PTI) The Allahabad High Court on Tuesday granted interim anticipatory bail to an accused in the Sambhal violence case, days after a local court ordered lodging of an FIR against some police officials for allegedly firing upon him during the November 2024 violence.
Justice Jitendra Kumar Sinha granted Mohd. Alam interim anticipatory bail till February 25 and called for a reply from the state government.
On a complaint of Alam’s father, the Chief Judicial Magistrate (CJM) court at Sambhal had on January 9 ordered lodging of FIR against certain police officials including the then Circle Officer Anuj Chaudhary for allegedly firing upon him during the violence.
Alam is facing allegations under sections 191(3) (rioting with deadly weapon), 109(1) (attempt to murder), 121 (voluntarily causing hurt to deter public servant), 132 (assault on public servant) of BNS in a police station of Sambhal district.
Alhough his father had claimed before the CJM court that his son was a victim of unprovoked police firing, the state government counsel argued in the high court that Alam did not receive any gunshot injury during firing by police personnel.
During the course of hearing, Alam’s counsel submitted that he is innocent and expressed apprehension of arrest in the case. The counsel argued that no offence is made out against Alam and that he was not named in the initial FIR.
It was also argued that the applicant himself suffered a gunshot injury in the alleged incident and underwent treatment for it. It was also submitted that Alam would cooperate during the trial and would appear before the investigating agency as and when required.
On the other hand, the state government’s counsel opposed the bail application and prayed for time to file a counter affidavit.
Earlier, CJM Vibhanshu Sudheer had allowed the application moved before his court under Section 173(4) BNSS by Alam’s father Yameen.
Yameen had alleged that on November 24, 2024, at about 8:45 am, Alam was selling rusk and biscuits on his thela near Jama Masjid, Mohalla Kot, Sambhal when the named police officials suddenly started firing at the crowd with an intention to kill.
Sambhal Circle Officer Anuj Chaudhary and Sambhal Kotwali in-charge Anuj Kumar Tomar were named in the petition. In its 11-page order, CJM Sudheer had also observed that the police cannot invoke the “official duty” shield for criminal acts.
Referring to the Supreme Court’s rulings, the CJM noted that firing upon a person cannot be considered a discharge of official duties. Finding that a prima facie cognizable offence was disclosed, the high court concluded that the truth could only be unearthed through a proper investigation. PTI COR RAJ ZMN
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