Allahabad High Court Denies Bail in Unlawful Assembly Case Involving Incendiary Slogans

Rihan's bail application rejected as court cites serious charges under Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita

In a significant ruling, the Allahabad High Court, presided over by Justice Arun Kumar Singh Deshwal, has denied the bail application of Rihan, who was part of an unlawful assembly charged with raising slogans that challenge the sovereignty and integrity of India. The case, which has drawn widespread attention, involves serious allegations of inciting violence and promoting enmity between religious groups.

The incident in question occurred on September 26, 2025, following a call by Maulana Taukir Raza, President of the Ittefaq Minnat Council, for the Muslim community to demonstrate against alleged state atrocities. A crowd of over 500 people gathered unlawfully in Bareilly, raising slogans such as "gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda," which the court noted as being punishable under various sections of the Bharatiya Nyaya Sanhita (BNS).

The court highlighted that such slogans not only promote enmity between religious communities but also pose a challenge to the authority of law, sovereignty, and integrity of India. The prosecution argued that these acts were designed to incite armed rebellion and disrupt public order. The enforcement of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was violated, as it prohibits assemblies of more than five persons in such contexts.

Despite the defense's claim of Rihan's false implication and lack of criminal history, the court found substantial evidence from the case diary indicating his involvement in the assembly, which caused injuries to police personnel and damage to public and private property. Justice Deshwal emphasized the importance of maintaining harmony and the rule of law, drawing attention to the teachings of Islam, which advocate for peace and compassion.

The court's decision underscores the gravity of using inflammatory rhetoric and the legal repercussions of participating in unlawful assemblies that threaten public order. This ruling reflects a commitment to upholding the principles of the Indian legal system and the constitutional values of secularism and unity.

Bottom Line:

Raising slogans like "gustakh-e-nabi ki ek saja, sar tan se juda, sar tan se juda" amounts to a challenge to the authority of law, sovereignty, and integrity of India, inciting people for armed rebellion, and is punishable under the Bharatiya Nyaya Sanhita (BNS).

Statutory provision(s): Sections 152, 196, 298, 299, 302 of Bharatiya Nyaya Sanhita (BNS), Section 163 of Bharatiya Nagarik Suraksha Sanhita (BNSS), Sections 109(1), 109(2), 118(2), 121(1), 189(5), 191(2), 191(3), 195(1), 196(1), 196(2), 223, 310(2), 324(5), 324(6), 61(2), 62 of BNS, Sections 7 of the Criminal Law Amendment Act, Section 3/4 of the Prevention of Damage to Public Property Act.

Rihan v. State of U.P., (Allahabad) : Law Finder Doc Id # 2823507