Justice Jitendra Kumar Sinha of the Allahabad High Court on Tuesday granted interim anticipatory bail to Mohd. Alam, an accused in the 2024 Sambhal violence case, while seeking a response from the Uttar Pradesh government over allegations that police personnel had fired upon him during the incident.
The bail was granted days after the Chief Judicial Magistrate (CJM) of Sambhal, Vibhanshu Sudheer, directed the registration of an FIR against several police officers, including then Circle Officer Anuj Chaudhary, for allegedly firing at Alam during the November 24, 2024 violence. The FIR direction came on a complaint by Alam’s father, Yameen, who alleged that his son was shot by police without provocation while selling snacks near Jama Masjid in Mohalla Kot.
The CJM’s order came under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows the court to take cognizance of complaints where police may have omitted to act. In a detailed 11-page order, the CJM observed that the police officials could not claim protection under the guise of “official duty” when involved in acts like firing at unarmed civilians. Citing Supreme Court precedents, the CJM held that such acts are not part of legitimate policing functions and called for a proper investigation into the incident.
Mohd. Alam faces serious charges under the new penal provisions of the Bharatiya Nyaya Sanhita (BNS), including:
- Section 191(3): Rioting with deadly weapon
- Section 109(1): Attempt to murder
- Section 121: Voluntarily causing hurt to deter public servant
- Section 132: Assault on public servant
Despite these accusations, Alam’s counsel argued before the High Court that he was neither named in the initial FIR nor involved in any violent acts. The counsel further claimed that Alam was the victim, not the perpetrator, and had actually suffered a gunshot injury during the incident, for which he received medical treatment.
The state, however, contested this version. Its counsel contended that Alam had not sustained any gunshot injury as alleged and opposed the grant of anticipatory bail, seeking time to file a detailed counter affidavit.
After hearing the parties, the High Court granted Mohd. Alam interim protection from arrest till February 25 and issued notice to the state government. The court noted the arguments raised and found it appropriate to provide interim relief to the applicant pending a full hearing.
The matter now awaits the state’s response, and further hearings are expected after February 25. Meanwhile, the FIR against the police officers will proceed, and the case continues to raise questions about the handling of public protests and the accountability of law enforcement.
