Allahabad HC Denies Bail To Tauqeer Raja Khan In Bareilly Violence Conspiracy Case

The Allahabad High Court has denied bail to Tauqeer Raja Khan, accused of being the key conspirator behind the September 2025 Bareilly violence involving allegations of incitement, attacks on police personnel, destruction of public property and the raising of "Sar Tan Se Juda" slogans during a prohibited assembly.

Court held that material placed before it prima facie showed that Khan had persuaded and provoked members of the Muslim community to assemble despite prohibitory orders and was aware that violence could erupt if the crowd was stopped by police.

Court said eyewitness statements and video clips indicated that Khan was the "main person" behind the mobilisation of the crowd and could not escape liability for offences allegedly committed by the gathering, including arson, attacks on police personnel and destruction of public property.

The bench of Justice Arun Kumar Singh Deshwal passed the order while rejecting Khan's bail plea.

According to the prosecution, Khan, who heads the Ittefaq Minnat Council (INC), had called upon members of the Muslim community to gather and protest against alleged atrocities and false cases being registered against Muslims. The administration subsequently imposed prohibitory orders under Section 163 BNSS (earlier Section 144 of the CrPC) banning unlawful assemblies.

Despite the restrictions, a crowd of around 200-250 people allegedly marched towards Islamia Inter College. The FIR claims that when police attempted to stop them, the crowd raised "Sar Tan Se Juda" slogans, pelted stones, hurled petrol bombs and even opened fire. Several police personnel were injured and public property was damaged during the violence.

What did the court say about Tauqeer Raja Khan's role in the Bareilly violence?

Court recorded that it was undisputed that Khan had persuaded members of the Muslim community to assemble for a demonstration. It further noted that the crowd later became involved in rioting, arson, attacks on police personnel and destruction of public property.

Court observed that eyewitness statements and video evidence suggested that Khan had delivered provocative speeches and was aware that a "highly emotional and volatile crowd" incited in the name of Prophet Mohammad could resort to violence if restrained by police. In the court's view, this made him liable as a principal conspirator for offences allegedly committed by the crowd.

Rejecting the defence argument that he was not named in the FIR and had not personally participated in the violence, court said he could not be absolved of responsibility merely because the offences were physically committed by others.

The high court also referred to its earlier order in Rihan v. State of U.P., where it had held that slogans such as "gustakh-e-nabi ki ek saja, sar tan se juda" amount to a challenge to the authority of law and can incite armed rebellion. Quoting from that order,court noted that such slogans threaten the sovereignty and integrity of India and are contrary even to the basic tenets of Islam.

Bail refusal to Khan

The high court said communal harmony forms the foundation of India's democratic framework and warned that individuals who incite divisions on religious lines for political purposes pose a threat to the country's social fabric and national integrity.

It further relied on recent Supreme Court decision in State of Punjab Vs. Balraj Singh @Billa (2026) observing that a person's personal liberty cannot prevail over the sovereignty and integrity of India.

Noting that Khan allegedly persuaded people on multiple occasions to gather "at any cost" and considering his criminal history in similar cases, the court held that there was a significant possibility that he could again incite a section of the community and disturb peace and harmony if released. On that basis, the Allahabad High Court rejected his bail application.

Case Title: Tauqeer Raja Khan v. State of Uttar Pradesh

Order Date: June 5, 2026

Bench: Justice Arun Kumar Singh Deshwal