Punjab & Haryana High Court Grants Bail To Man Accused Of Using Derogatory & Offensive Language Against Shri Guru Nanak Dev

The Punjab and Haryana High Court recently granted bail to a man accused of using derogatory and offensive language against Shri Guru Nanak Dev ji and hurting the religious feelings of the people.

The bench comprising Justice Harinder Singh Sidhu allowed the petition for bail on the ground that there is no apprehension that the petitioner may evade or otherwise interfere with the trial.

The court also observed that the petitioner is in custody since November 13, 2021 and the investigation in the case is complete and a challan has been filed.

The Petitioner has been booked for offences under Sections 295-A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 153-A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and 120-B (Criminal conspiracy) and Section 67 of the Information Technology Act.

His name surfaced on the supplementary statement of the complainant, who was aggrieved by the actions of one Anil Arora, said to be uploading posts and messages on social and religious issues which instigates and causes division in Hindu-Sikh unity.

It was alleged that one of the videos of Anil Arora has gone viral on social media. It is an audio cutting from an application 'Club House'. Therein, Anil Arora is talking to three-four persons and using inappropriate terminology against Shri Guru Nanak Dev Ji and his father which is offensive to the followers of the Sikh Religion. Because of that there is resentment amongst the members of the Sikh Community.

The petitioner is alleged to be one of such persons.

The Counsel for the petitioner argued that the maximum sentence for alleged offences is imprisonment for three years. Sections 212 and 216 IPC are not invoked against him. The ingredients of offences under Section 153A and 295A are not satisfied in this case. There is no evidence to suggest that the offensive words were uttered with any intent to cause or promote disharmony or feelings of enmity, hatred or ill-will on the grounds of religion. There is no material to indicate that the conversation was deliberately and maliciously intended to outrage the religious feelings of any class of citizens of India. The conversation can only be characterized as a foolish utterance in extremely bad taste.

In light of these submissions, without expressing any opinion on the merits of the case, the Court ordered petitioner-Vasu Syal to be released on bail on his furnishing bail/ surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.