Can't Let Such Offences Flourish In Society: Allahabad HC Denies Bail To Man Accused Of Damaging Lord Shiva Idols

A bench of Justice Ashutosh Srivastava observed that such 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.”

Accused Shahrukh was arrested in July this year on the allegations that he and his co-accused not only damaged idols in the Temple but also attacked the temple priest with a knife, intending to kill him, although the priest managed to escape.

It is also the case against him that the destruction of the idols of Lord Shiva and Goddess Parvati occurred during the holy month of Savan, as it was the intention of the accused to disturb communal harmony.

All the accused were booked under Sections 298 [Injuring or defiling place of worship with intent to insult religion of any class], 299 [Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs], 302 [Uttering words, etc., with deliberate intent to wound religious feelings of any person], 109 (1) [Attempt to murder] and 61 (2) [Criminal Conspiracy] of the Bharatiya Nyaya Sanhita, 2023.

Seeking bail in the case, the accused's counsel argued in the Court that he had been falsely implicated in the case, that he has no criminal antecedent, and that there is no likelihood of his fleeing from the course of justice or tampering with evidence in case of release on bail.

On the other hand, appearing for the state, the AGA strongly opposed the bail application on the grounds that eyewitnesses had categorically implicated the applicant in the crime destruction of the idols of Lord Shiva's family. It was also submitted that the offences alleged against the accused had flared up religious sentiments.

Against the backdrop of these submissions, and noting that offences of the kind that tend to promote hatred between classes of people or communities have to be put down with a heavy hand, the Court denied him bail.

Appearances

Counsel for Applicant: Amar Nath Tiwari, Raj Kumar Chauhan, Rakesh Kumar Singh

Counsel for Opposite Party: G.A.,

Case title – Shahrukh vs. State Of UP

Case citation:

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