Sambhal violence: Man who alleges police shot him granted interim anticipatory bail in rioting case
While the person, Mohammed Alam, was booked on charges of rioting and attempted murder, his father told a court that he was a victim of police firing.
The Allahabad High Court on Tuesday granted interim anticipatory bail to a Muslim man accused of taking part in the violence in Uttar Pradesh’s Sambhal district in 2024, Live Law reported.
Justice Jitendra Kumar Sinha granted anticipatory bail till February 25 to Mohammed Alam and directed the state government to file a counter-affidavit explaining its stand.
Alam’s father Yameen had earlier argued before the Sambhal chief judicial magistrate that his son was himself a victim of unprovoked police firing during the violence. The Uttar Pradesh government, however, claimed before the High Court that Alam did not sustain any injuries from firing by police personnel, according to Live Law.
The November 2024 violence in Sambhal, which left five dead, had broken out after a group of Muslims objected to a survey of the Shahi Jama Masjid in Chandausi town. The survey had been ordered in a suit claiming that the mosque had been built in 1526 by Mughal ruler Babar on the site of an ancient Hindu temple.
Alam has been booked by the police under sections of the Bharatiya Nyaya Sanhita pertaining to attempted murder, rioting with deadly weapons, voluntarily causing hurt to deter a public servant from their duty and assaulting a public servant, Live Law reported.
Yameen, however, told the chief judicial magistrate that on the day of the violence, his son was selling rusks and biscuits on his cart near the mosque, when police personnel suddenly fired at the crowd with the intention to kill.
Lawyer Prabhat Srivastava, representing Alam in the High Court, said that no offence had been made out against his client, and that he was not named in the initial first information report.
Srivastava said that his client would cooperate during the trial and would appear before the investigating officer when needed, according to Live Law.
However, Additional Government Advocate Roopak Chaubey, representing the state government, opposed the bail plea and sought time to file a counter-affidavit.
Earlier this month, Chief Judicial Magistrate Vibhanshu Sudheer had ordered a first information report against Additional Superintendent of Police Anuj Chaudhary, who was the was the circle officer of Sambhal at the time, Kotwali in-charge Anuj Kumar Tomar and 15 to 20 unidentified police personnel in connection with the shooting of Alam.
The Sambhal Police had said that they would move the High Court against the order.
Seven days after the order to file an FIR, Sudheer, along with 13 other judicial officers, was transferred by the High Court in an administrative reshuffle. He was transferred to Sultanpur as a civil judge (senior division).