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Synopsis

A local Court in Prayagraj on Thursday denied bail to Javed Mohammad who has been alleged as the mastermind behind the June 10 violent agitation in Prayagraj allegedly against the now-suspended BJP spokesperson Nupur Sharma’s remarks against Prophet Mohammad.

The Additional Sessions Judge Ratnesh Kumar Srivastava dismissed Mohammad's bail application observing that after perusal of the case records, prima facie it appeared that the instant case was of “spreading communal frenzy” on a wide scale. 

Court said, "....prima facie this case relates to spreading communal frenzy on a large scale, attacking police forces and civilians with bombs and firearms and damaging government vehicles, which were brought under control by using abovementioned force and means. Therefore, keeping in view the abovesaid facts and circumstances, without expressing any opinion on the merits of the case the ground for releasing the accused on bail is not sufficient. Therefore, this bail application deserves to be dismissed"

The prosecution case is that at around 2 pm on June 10, after the Friday prayers, a furious crowd of thousands started pelting stones and bombs at the policemen posted at City's Attala Mohalla in view of the 'Jume ki Namaz'. Shots were also fired on the policemen and other people and a vehicle was also burnt. 

Thereafter, a case was registered against 5000 unknown persons under Sections 443, 444, 445, 447, 448, 449, 453A, 453B, 295A, 204, 544, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 420B of the Indian Penal Code, 4,/5 Explosive Substance Act and 83 of Juvenile Justice (Care and Protection of Children) Act and 3/4 Prevention of Damage to Public Property Act.

The general secretary of the Welfare Party of India, Mohammad was taken into custody by the Uttar Pradesh Police late at night on June 10.

Pressing for his bail, Mohammad's counsel argued that he has been falsely and maliciously implicated in this case due to political rivalry.  He averred that without any ground or proof, Mohammad has been declared as the 'mastermind' of the incident though neither physically nor through social media, he was involved in the whole matter. 

However, Court found the matter of serious concern involving a plan to widely spread communal frenzy and dismissed the bail application. 

It is noteworthy that after pasting a notice on June 11 on the wall of the house of Mohammad's wife Praveen Fatima, the Prayagraj Development Authority (PDA), bulldozed the house on June 12.

Case Title: Javed Ahmad @Javed Mohammed v. State of UP