Two held for ‘Hanuman Chalisa' outside mosque granted bail
Prayagraj: Allahabad High Court granted bail to two members of Akhil Bhartiya Hindu Suraksha Samiti held in Mar for reciting 'Hanuman Chalisa' near a mosque in Meerut.
Sachin Sirohi and Sanjay Samarval were booked by Meerut police under sections 191(2) [rioting], 196 [promoting enmity between different groups and doing acts prejudicial to maintenance of harmony], 197 [imputations, assertions prejudicial to national integration] of Bhartiya Nyaya Sanhita (BNS).
As per case of the prosecution, the accused, along with their associates, protested outside a mosque, raised anti-religious slogans and recited Hanuman Chalisa, promoting enmity and hatred on the grounds of religion. They have also been accused of threatening to demolish the mosque, due to which, chaos prevailed in the area tension arose among the people going towards the railway station.
The counsel for the accused submitted that allegations levelled against the applicants were false and claimed they had been implicated in the matter for political reasons.
It was also argued that contents of FIR and statements of witnesses gave no credible evidence against the applicants, hence they should be granted bail.
State counsel opposed their bail plea, arguing that in order to disturb harmony, applicants recited 'Hanuman Chalisa' at a Muslim religious place, thereby inciting enmity on basis of religion.
Justice Raj Beer Singh, however, found it a fit case to grant bail, observing that seriousness of the allegation or availability of material in support thereof were not the only considerations for declining bail.
"It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face trial and to receive the sentence that may be passed.
The detention is not supposed to be punitive or preventive," the court remarked as it granted bail in order dated Jun 3.
Prayagraj: Allahabad High Court granted bail to two members of Akhil Bhartiya Hindu Suraksha Samiti held in Mar for reciting 'Hanuman Chalisa' near a mosque in Meerut.
Sachin Sirohi and Sanjay Samarval were booked by Meerut police under sections 191(2) [rioting], 196 [promoting enmity between different groups and doing acts prejudicial to maintenance of harmony], 197 [imputations, assertions prejudicial to national integration] of Bhartiya Nyaya Sanhita (BNS).
As per case of the prosecution, the accused, along with their associates, protested outside a mosque, raised anti-religious slogans and recited Hanuman Chalisa, promoting enmity and hatred on the grounds of religion.
They have also been accused of threatening to demolish the mosque, due to which, chaos prevailed in the area tension arose among the people going towards the railway station.
The counsel for the accused submitted that allegations levelled against the applicants were false and claimed they had been implicated in the matter for political reasons. It was also argued that contents of FIR and statements of witnesses gave no credible evidence against the applicants, hence they should be granted bail.
State counsel opposed their bail plea, arguing that in order to disturb harmony, applicants recited 'Hanuman Chalisa' at a Muslim religious place, thereby inciting enmity on basis of religion.
Justice Raj Beer Singh, however, found it a fit case to grant bail, observing that seriousness of the allegation or availability of material in support thereof were not the only considerations for declining bail. "It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face trial and to receive the sentence that may be passed.
The detention is not supposed to be punitive or preventive," the court remarked as it granted bail in order dated Jun 3.
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