Offences Promoting Hatred Must Be Put Down With Heavy Hand: Allahabad HC Denies Bail To Man Accused Of Vandalizing Idols Of Lord Shiva & Family

Applicant was arrested for allegedly participating in the destruction of temple idols and attacking the priest with a knife, who fortunately managed to escape. The incident reportedly took place during the sacred month of Savan, suggesting that the accused aimed to disrupt communal harmony.

The charges against applicant include several serious offenses under the Bharatiya Nyaya Sanhita, 2023, such as injuring or defiling a place of worship, committing malicious acts intended to outrage religious feelings, attempting murder, and engaging in a criminal conspiracy.

A Bench of Justice Ashutosh Srivastava said, “Offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community and to the sentiments of the people.”

Advocate Amar Nath Tiwari appeared for the Applicant.

Applicant’s counsel contended that he was falsely implicated, citing his lack of a criminal record and arguing that he posed no flight risk or threat to evidence if granted bail. However, the state’s counsel countered by presenting eyewitness accounts that firmly implicated applicant in the crime and highlighted the religious sensitivities involved.

The Court noted, “Perusal of the record reveals that at first instance applicant was involved in destruction of idol of Lord Shiva's family and tried to kill Ram Kishan (Priest of Temple) with knife. The police has also recovered the alleged knife from the bushes. The destruction of idol of Lord Shiva's family was made in the Holy Savan month with intention to disturb the communal harmony.”

Given these arguments and the court's position on the need to address offenses that could incite communal discord, bail was ultimately denied, reinforcing the message that such actions must be dealt with seriously.

Cause Title: Shahrukh v. State of U.P, [2024:AHC:164888]

Appearance:

Applicant: Advocates Amar Nath Tiwari, Raj Kumar Chauhan, Rakesh Kumar Singh