The court emphasizes communal harmony and national integrity over individual liberty, rejecting the bail plea of the alleged main conspirator in Bareilly riots.
In a significant ruling, the Allahabad High Court, presided over by Justice Arun Kumar Singh Deshwal, has denied the bail application of Tauqeer Raja Khan, accused of inciting communal violence in Bareilly. The decision underscores the importance of communal harmony and national integrity, especially in cases involving incitement on religious grounds.
Tauqeer Raja Khan, President of Ittefaq Minnat Council, was implicated in Case Crime No. 1146 of 2025 following a violent protest that erupted on September 26, 2025, in Bareilly. The protest, allegedly incited by Khan, involved arson, rioting, and attacks on police personnel, resulting in injuries and the destruction of public property. Despite prohibitory orders under Section 163 of the Bharatiya Nagrik Suraksha Sanhita, 2023, Khan reportedly encouraged members of the Muslim community to assemble and protest against perceived injustices.
The prosecution presented eyewitness statements and video evidence linking Khan to the incitement of the crowd. Liyakat Ali, a key eyewitness, testified that Khan provoked attendees at a meeting on May 19, 2025, urging them to openly demonstrate and, if necessary, resort to violence. A subsequent meeting allegedly reinforced these calls to action, culminating in the violent events of September 26.
The defense argued that Khan was not named in the FIR and lacked any substantial involvement in the violence. They contended that a viral video exonerated him from inciting the crowd. However, the court found these arguments unpersuasive, noting Khan's extensive criminal history and potential risk of further incitement if released.
Justice Deshwal highlighted the precedence set by a similar case, Rihan v. State of U.P., where raising slogans like "Sar Tan Se Juda" was deemed a threat to national integrity and law. The court reinforced the principle that individual liberty cannot prevail over the nation's sovereignty, as affirmed by the Supreme Court in State of Punjab v. Balraj Singh @Billa.
The judgment reflects a stern stance against activities threatening communal harmony and stresses the role of the judiciary in maintaining national integrity. The rejection of Khan's bail application serves as a warning against exploiting religious sentiments for political gain, emphasizing the judiciary's commitment to preserving peace and order.
Bottom Line:
Bail application rejected for applicant accused of inciting communal violence, arson, and destruction of public property. Court held that communal harmony and national integrity cannot be compromised for individual liberty.
Statutory provision(s): Bharatiya Nagrik Suraksha Sanhita, 2023 Sections 190, 191(2), 61(2), Section 163 BNS 2023, Section 7 C.L.A. Act
Tauqeer Raja Khan v. State of U.P., (Allahabad) : Law Finder Doc id # 2920967
