The court reaffirmed that 'bail is a rule and jail is exception,' granting regular bail after the chargesheet was filed, considering the lack of prior antecedents, parity with co-accused, and the protection of personal liberty under Article 21 of the Constitution.

ORDER

1) RULE

. Learned APP waives service of rule for the respondent-State.

2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11207002250559 of 2025 registered with Godhra B Division Police Station, District - Panchmahal for the offences under Sections 189(2), 189(3), 189(5), 190, 191(2), 192, 195, 326(g), 121(1), 329(3), 132, 324(5), 3(5), 352, 61(2)(a), 310(2), 152 and 238(a) of the Bharatiya Nyaya Sanhita and under Sections 3 and 4 of Prevention of Damage to Public Properties Act .

3) The brief facts of the case are that the accused no.1 – Zakir Ahmed Zabha had made viral a controversial post on social media, in which he is seen holding a banner with the contents, “I Love Mohammed”. He himself exposed the banner in a public place and the post went viral. After this incident, on 17.09.2025, the accused no.1 went to Kalol to meet one Tanveer Sheikh, who had also made one viral video on Instagram with the contents that whether the girl says yes or no we are going to stalk her in Navrati. Thereafter, the Police Inspector, Godhra Town B Division Police Station had called the accused no.1 to explain him that he should not post or make viral any such post which spoils religious harmony, as there is Navratri festival. The CCTV footage of this meeting is also placed alongwith this record in which it is clearly visible that the accused is sitting in the police station, wherein, he was gently treated he was also offered tea/coffee. The accused also posted in the local Muslim Whatsapp group stating that he was beaten by the police regarding the Mohammed Saheb post and thereby he had instigated and misled the members of Muslim community. As such about 300 to 400 members of Muslim community had gathered immediately near the police station and also entered into the police station and raised provocative slogan and gathered mob protested in the name of religion. Such type of slogans are raised by extremists and these slogans were used by the accused and other accused persons to instigate the other members of unlawful assembly for committing such type of anti social act. Some members of the mob even entered into the chamber of the Police Inspector and created violence, they have damaged the furniture, CCTV cameras, wireless system as well as other belongings of the police station.

4) Learned Senior Advocate Mr. I. H. Syed, assisted by learned Advocate Mr. A. Y. Charkha, for the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. The complaint was filed against 88 accused and there was a mob of 200-300 people. The Co-accused are released on bail by the coordinate Bench. The applicant is not named in the FIR. The allegation against the applicant is that he was part of the mob and had broken the CCTV installed in the Police Station. Except this no role is attributed to the applicant. The applicant has no past antecedents. Investigation is over and chargesheet has been filed. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

5) Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that applicant is involved in the present offence and has committed serious offence along with co-accused. Therefore, present application does not dese