The Allahabad High Court has refused to grant bail to Rihan, an accused in the Bareilly violence case linked to an unlawful religious gathering, holding that the use of a provocative slogan amounted to a direct challenge to the authority of law and the sovereignty of India. The ruling is significant as the Court firmly connected incendiary sloganeering with offences against the State, setting a strict benchmark for bail in cases involving public disorder and incitement.
The case arises from an FIR lodged at Kotwali police station, Bareilly, alleging that a large crowd assembled despite prohibitory orders under Section 163 BNSS, following a call for protest after prayers. According to the prosecution, the gathering escalated into large-scale violence, with slogans raised against the State, assaults on police personnel, stone-pelting, petrol bombs, firing, and extensive damage to public and private property.
Rihan was arrested from the spot and was alleged to be part of the unlawful assembly that defied police warnings and triggered the violence. Seeking bail, the applicant argued for release pending trial, while the State opposed the plea citing the gravity of the allegations and material collected during investigation.
A Single Judge Bench of Justice Arun Kumar Singh Deswal held that the slogan raised by the crowd was not a mere religious expression but an incitement that struck at the foundations of constitutional order. The Court observed that chanting the slogan “gustakh-e-nabi ki ek saja, sar tan se juda” amounts to “challenging the sovereignty and integrity of India” and inciting people towards armed rebellion, attracting penal consequences under Section 152 of the Bharatiya Nyaya Sanhita.
The Bench noted that Indian criminal law already provides punishment for acts hurting religious sentiments and that any call for violence outside the legal framework cannot be protected under freedom of speech. Finding sufficient material to show the applicant’s active participation in the unlawful assembly and the ensuing violence, the Court concluded that no case for bail was made out and rejected the application.
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