Allahabad High Court Grants Bail To Javed Mohammad In Another Case Pertaining To Prayagraj Violence

The Allahabad High Court has recently granted bail to Javed Mohammad-the alleged mastermind behind the June 10 violent agitation last year in Prayagraj in the case lodged at Khuldabad Police Station at Prayagraj in Uttar Pradesh.

The single judge bench of Justice Ajay Bhanot passed the order on the plea moved by Mohammad without making any observations on the merits of the case.

Recently, the high court had allowed bail to Mohammad in the case lodged at Kareli Police Station in connection with the said violence.

After the said mob violence against the now-suspended BJP spokesperson Nupur Sharma’s remarks against Prophet Mohammad, the present case was lodged at Khuldabad Police Station under Sections143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120-B IPC, Section 4/5 of the Explosive Substance Act and Section 7 of Criminal Law Amendment Act, Section 83 of the Juvenile Justice Act, Section 3/4 of the Public Property Damages Act and Section 3 of the Explosive Substance Act.

During the violence, more than 200 persons had hurled bombs, damaged public property, and set vehicles on fire. In the incident, three police personnel had also sustained injuries.

Seeking bail in the instant case, the counsel for Mohammed argued that he is a law abiding citizen and he neither posted nor shall post any messages which disrupt social harmony in the society.

Allegations against Mohammad are that he had called upon the protesters to reach the spot where the violent agitation took place in the Atala area of Prayagraj last year.

Mohammad's counsel contended that he had been made a scapegoat in the case as he had opposed certain powerful political interests.

He asserted that Mohammad had not instigated anyone and that he cannot be held responsible for the mob violence as there were a number of people who had gathered after the Friday prayers.

The counsel further submitted that there was no credible evidence to establish that Mohammad had instigated the mob or indulged in acts of violence.

He stressed that the Facebook post, which was relied upon by the prosecution underscored the belief of Mohammad that Allahabad is a city of peace and that Mohammad had merely urged some biased media anchors not to disturb the peace of the city.

Moreover, the counsel argued that Mohammad could not be called a media influencer as he does not have a wide following who would congregate at his call.

Therefore, seeking parity with other accused persons in the case who had been released on bail, Mohammad's counsel sought his bail.

Court took note of the submissions made and pointed out that the argument put forth by Mohammad's counsel could not be satisfactorily refuted by the Additional Advocate General appearing for the state.

Accordingly, court ordered Mohammad to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Case Title: Javed Mohammad @ Pump @ Javed Ahmad v. State of UP

Statute: Indian Penal Code, the Explosive Substance Act, Criminal Law Amendment Act, the Juvenile Justice Act, the Public Property Damages Act and the Explosive Substance Act