Prayagraj Violence: Allahabad HC grants bail to Javed Mohammad, says ‘no evidence’ against him

‘Bail is a rule and jail is an exception’ observe the Allahabad High Court on Saturday while granting bail to one of the alleged accused in the 2022 Prayagraj violence case.

According to Prayagraj police, Javed Mohammad instigated mod violence that took place on June 10, 2022, during protests against remarks made by the BJP leader Nupur Sharma concerning Prophet Mohammed. The police claimed that Javed had instigated several Muslim youths to pelt stones at police officers.

Court’s Observation?

However, Justice Sameer Jain, noted that it was a fit case for bail as only general allegations were made against all the accused persons, including Javed and there was no prima facie evidence to show that he provoked the mob and indulged into violence.

“It is neither alleged in the FIR nor in the statements of prosecution witnessed recorded during the investigation that application was either instigating the people or was leading the mob or he was having any weapon in his hand or was hurling a bomb or setting the vehicles on fire,” the Court said.

Asked everyone to gather after Friday prayer: Javed

Javed had submitted that he had only instructed people to gather after Friday prayer to show unity to the administration. Meanwhile, the Allahabad High Court opined that this call to gather after Friday prayer did not reflect that he instigated or instructed the others to commit violence.

“Bail is a rule and jail is an exception and bail can not be rejected for punitive purposes. Although it appears that Javed’s aggression and activeness inspired people from his community to gather in large numbers that led to mob committing violence but applicant does not appear to be instrumental for such violence,” HC observed.

Prayagraj Development Authority demolished Javed’s house:

PDA had claimed that Javed’s house was constructed without approval of any map, and hence local authority demolished his house.

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