The Allahabad High Court has granted bail to Mohammad Azam, who is facing charges related to the destruction of a Lord Shiva idol.

The bench headed by Justice Ashutosh Srivastava held the decision.

Azam is charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including 298, 299, 302, 109 (1), and 61 (2). His counsel argued that he was falsely implicated in the case, asserting that he was not present at the scene of the incident. The defense pointed out that the prosecution's case heavily relied on a confessional statement from a co-accused, Akram, made approximately 15 days after the First Information Report (FIR) was filed.

Moreover, Azam’s lawyer emphasized that there was no direct evidence linking him to the crime, such as the alleged weapon or any recovered money, and argued that his arrest was solely based on Akram's statement, which was inadmissible under Section 27 of the Indian Evidence Act. The counsel also noted Azam's lack of a prior criminal record and his absence from the incident.

In contrast, the Additional Government Advocate (AGA) opposed the bail application but acknowledged that Azam had no previous criminal history. The prosecution maintained that Akram’s confessional statement implied a conspiracy to provoke religious sentiments.

After reviewing the evidence, the court found Azam's involvement in the crime to be questionable, given his absence at the scene and the lack of any recoveries from him. Considering these factors and the fact that the trial had yet to begin, the court decided to grant bail while refraining from commenting on the case's merits.

The court imposed specific conditions for Azam’s release, including prohibitions against engaging in criminal activities, tampering with evidence, or intimidating witnesses. Additionally, he is required to attend all scheduled court hearings.