Allahabad HC Grants Bail to Jama Masjid Committee Chairman in Sambhal Violence Case

The Allahabad High Court has granted bail to Zafar Ali, the Chairman of the Sambhal Jama Masjid Committee, in connection with a case arising from alleged mob violence during a mosque survey in November 2024.

The bench of Justice Sameer Jain allowed the bail application, noting the absence of direct evidence linking Ali to the alleged acts of violence or obstruction.

On November 24, 2024, a civil court-appointed Commission attempted to conduct a survey of a mosque in Sambhal district. According to the First Information Report (FIR), a mob of 700–800 people, allegedly instigated by nominated accused Zia-Ur-Rahman Barq and others, obstructed the proceedings and damaged public property, including police vehicles.

While Zia-Ur-Rahman Barq and Suhail Iqbal were named in the FIR, Zafar Ali was not. He was later arrested on March 23, 2025, after appearing before the investigating officer in response to a notice under Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Ali’s counsel contended that he was falsely implicated due to his public criticism of the police for unrelated incidents of violence in the region that allegedly led to the deaths of four people. The defense further argued that the allegations against him lacked evidentiary support and that his arrest was retaliatory.

Court noted that while Zafar Ali was accused of being "instrumental" in the protest because of his role as Committee Chairman, there was no concrete proof of his physical participation in the incident. Moreover, the co-accused Barq had been spared arrest due to a prior High Court direction, and another accused, Suhail Iqbal, had already been cleared during investigation.

The investigating agency added serious charges under Sections 230 and 231 of the BNS, offences punishable with life imprisonment, after the FIR was initially registered. However, ourt observed that these additions appeared to lack admissible and cogent evidence and were seemingly based on Ali’s press conference statements criticizing the police.

Court held that the materials on record did not justify continued incarceration, especially when the charge sheet had already been filed and the applicant had been in custody for over four months. He emphasized that bail should not be denied as a punitive measure, particularly in the absence of prima facie evidence.

Ali was ordered to be released on furnishing a personal bond and two sureties, with strict conditions, including a bar on tampering with evidence or indulging in criminal activity. The court clarified that its observations were limited to the bail plea and would not influence the trial proceedings.

Case Title: Zafar Ali vs State of UP

Order Date: July 24, 2025

Bench: Justice Sameer Jain