The Allahabad High Court has refused to grant bail to Maulana Tauqeer Raza Khan in connection with the case arising from the September 26, 2025 incident in Bareilly. Justice Ashutosh Srivastava, sitting in Court No. 50, rejected the bail application after examining the allegations, the defence submissions and the material placed by the State.
The order was passed on September 7, 2026, in Criminal Misc. Bail Application No. 2637 of 2026.
Background of the Case
The case concerns Case Crime No. 489 of 2025 registered at Kotwali Police Station, Bareilly, under several provisions of the Bharatiya Nyaya Sanhita (BNS), along with provisions of the Criminal Law Amendment Act and the Prevention of Damage to Public Property Act.
According to the prosecution, a gathering was called after a meeting held on September 19, 2025. The administration subsequently imposed restrictions under Section 163 of the BNSS, prohibiting an assembly of five or more persons at a public place.
The State alleged that despite the restrictions, a crowd moved towards the Islamia Inter College grounds on September 26. The prosecution case includes allegations of stone-pelting, firing, use of petrol bombs, injuries to police personnel and damage to public property.
The defence, however, argued that Khan was not present at the spot and had been placed under house arrest. His lawyers maintained that he had neither participated in the incident nor made any appeal intended to encourage violence. They also alleged that his implication was influenced by political considerations.
State’s Opposition to Bail
The State strongly opposed the bail application, describing Khan as a key figure behind the incident. It relied, among other things, on a video allegedly made by him after the incident in which he thanked people for responding to the call.
The prosecution also disputed the claim that he was under house arrest at the relevant time, stating that he was arrested from the residence of an associate on September 27, 2025.
Court’s Observation
The High Court noted that Khan was not physically present at the place where the incident occurred. However, the Court considered the circumstances surrounding the call for the gathering and his conduct after the incident.
" The conduct of the applicant after of the incident by giving a speech thanking the masses for responding to the Call in large numbers and applauding their acts cannot also be approved of. "
The Court also specifically considered the slogan referred to in the prosecution case and held that it could not be treated on the same footing as religious slogans such as “Nara-e-Takbir, Allahu-Akbar”, “Jo Bole So Nihal Sat Sri Akal”, “Jai Shri Ram” or “Har Har Mahadev”.
Decision
The Court noted that although the charge sheet had been filed on December 21, 2025, charges against the applicant had not yet been framed.
After considering the entire material, Justice Ashutosh Srivastava held that the applicant was not entitled to bail at this stage.
"Considering all the above, the Court is not inclined to release the applicant on bail at this stage. Consequently, the bail application is rejected."
Case Details
Case Title: Maulana Tauqeer Raza Khan v. State of U.P.
Case Number: Criminal Misc. Bail Application No. 2637 of 2026
Judge: Justice Ashutosh Srivastava
Decision Date: September 7, 2026
