Promoting Religious Enmity Wasn't Intended', Gauhati HC Grants Bail To Man Who Uploaded Objectionable Photos Of Lord Rama [Read Order]

The Bench of Justice Rumi Kumari Phukan was hearing an application filed under Section 438 CrPC, by the petitioner, namely, Altaf Hussain Choudhury @ Altaf Choudhury.

The petitioner sought pre-arrest bail in the event of his arrest in connection with Hailakandi PS Case No. 657/2020, registered under Sections 295 (A)/153 (A) IPC, read with Section 67 of the IT Act.

Allegation against the petitioner was that on 04.08.2020, the petitioner made a Facebook post, uploading some defamatory photos of Lord Rama and also used some un-parliamentary words, with a view to create communal disturbance.

The Case Diary reveals that he made commenting lines on the post on Lord Rama and some of the Facebook friends also gave some reply.

The accused immediately apologized and also deleted the comment from the post and he repented for the same.

The witnesses examined before the Court also stated that they know about the apology begged by the accused person after a negative comment.

Further, the Court opined,

"Case Diary, however, does not reflect that such a post was made to promote enmity between different groups on the grounds of religion, race etc., which is prejudicial to the maintenance of the harmony in the society. Further, the petitioner has already deleted the post and begged apology for his conduct."

In such a backdrop, it was the considered opinion of the Court that custodial detention of the accused petitioner was not warranted.

Accordingly, interim bail granted earlier to the petitioner was made absolute. Thus, the Anticipatory Bail Application stood disposed of.

Notably, the Kerala High Court on 22^nd September (Tuesday) granted anticipatory bail to Christian preacher who has been accused of promoting religious enmity.

The Single Bench of Justice Ashok Menon was hearing the pre-arrest bail plea of an applicant, who has been arrayed as an accused in Crime No.582/2020 of Ernakulam Central Police Station for having allegedly committed offences punishable under Section 153A of the IPC.

Also, while hearing a bail application, wherein the Applicant was accused of preparing posters and pasting them at several places, thereby creating or promoting hatred or ill will between two religious groups, the Kerala High Court granted the Bail to the Applicant on Monday (28th September).

The Bench of Justice Ashok Menon was of the view that if the poster allegedly published by the accused is perused, it cannot be said that the intention of the accused was to promote ill will or hatred between two communities.

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