The court ruled that freedom of speech and assembly does not protect incitement to violence and public disorder, emphasizing the need to ensure legal adherence and community harmony.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Akhilesh Kumar Dwivedi, learned counsel for the applicant and Sri Anoop Trivedi, learned Additional Advocate General, assisted by Sri Sanjay Kumar Singh and Sri Nitesh Kumar Srivastava, learned AGA for the State.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.489 of 2025, under Sections-109(1), 109(2), 118(2), 121(1), 189(5), 191(2), 191(3), 195(1), 196(1), 196(2), 223, 310(2), 324(5), 324(6), 61(2), 62 BNS , 7 Criminal Law Amendment Act and Section 3 /4 Prevention of Damage of Public Property Act, Police Station-Kotwali, District-Bareilly, during the pendency of the trial.

3. As per the prosecution story, an FIR was lodged on 26.05.2025 with the allegation that the President of Ittefaq Minnat Council (in short 'INC'), Maulana Taukir Raza had given a call to the muslim community to assemble in the field of Islamia Inter College to make a demonstration against the State for atrocities as well as lodging false cases against the muslim youth. Police received information on 25.09.2025 that Maulana Taukir Raza, as well as one of the leaders of the INC, Nadeem Khan, had incited people belonging to the Muslim community to assemble in the grounds of Islamia Inter College after the conclusion of namaz on 26.09.2025. Although the police requested them not to go ahead, Section 163 BNSS was also enforced in District Bareilly, prohibiting any assembly of more than five persons. Thereafter, the first informant, who was posted near the house of INC leader Nadeem Khan in Biharipur, Police Station- Kotwali, District-Bareilly, found that Nadeem Khan incited the people to assemble and proceed to Islamia Inter College, and a crowd also came out from the house of Nadeem Khan. Thereafter, he also left the place to incite the people at other places. It was found that the crowd of 500 people assembled in Biharipur and they started making slogans against the Government and also raising slogans "gustakh-e-nabi ki ek saja sar tan se juda, sar tan se juda" and police tried to stop them but they started snatching the canes of the policemen and also torn their uniform and on objecting by the police, they started throwing petrol bomb, firing and stone pelting which has resulted into injury to several policemen and also damage to several police and private vehicles and on the spot, 7 persons including the present applicant were arrested and based on their statements, names of several persons including the main accused, Maulana Taukir Raza and Nadeem Khan, came to surface. On the basis of the statements of these arrested persons and on the identification of other co-accused, an FIR was lodged against 25 named and 1700 unknown persons. Thereafter, police also arrested other named accused and identified unknown persons on the basis of information received from arrested persons, as well as independent witnesses and also on perusal of CCTV footage.

4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated and he was arrested from his home, but the police falsely claimed his arrest from the spot. It is further submitted that the applicant has no criminal history and there is no incriminating material against him. Therefore, the applicant is entitled to be released on bail during the investigation/trial.

5. Per contra, Sri Anoop Trivedi, learned Additional Advocate General, assisted by Sri Sanjay Kumar Singh and Sri Nitesh Kumar Srivastava, learned AGA, have vehemently opposed the prayer and submitted that the act of the applicant and other co-acc