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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Rihan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. allegations regarding public assembly inciting violence (Para 2 , 3) |
| 2. defense and prosecution argument on applicant's involvement (Para 4 , 5) |
| 3. finding on applicant's role in unlawful assembly and violence (Para 6 , 12 , 14) |
| 4. illegal implications of the slogan and its religious context (Para 7 , 8 , 10 , 11 , 13) |
| 5. denial of bail application (Para 15) |
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Akhilesh Kumar Dwivedi, learned counsel for the applicant and Sri Anoop Trivedi, learned Additional Advocate General, assisted by Sri Sanjay Kumar Singh and Sri Nitesh Kumar Srivastava, learned AGA for the State.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.489 of 2025, under Sections-109(1), 109(2), 118(2), 121(1), 189(5), 191(2), 191(3), 195(1), 196(1), 196(2), 223, 310(2), 324(5), 324(6), 61(2), 62 BNS , 7 Criminal Law Amendment Act and Section 3 /4 Prevention of Damage of Public Property Act, Police Station-Kotwali, District-Bareilly, during the pendency of the trial.
3. As per the prosecution story, an FIR was lodged on 26.05.2025 with the allegation that the President of Ittefaq Minnat Council
The court ruled that freedom of speech and assembly does not protect incitement to violence and public disorder, emphasizing the need to ensure legal adherence and community harmony.
The court ruled that mere dissent or criticism of government actions does not constitute an offence under Section 153A IPC unless it promotes enmity or hatred.
The court held that deliberate intention is required to constitute an offense under Section 299 BNS, emphasizing that reckless acts, particularly by public figures, attract legal scrutiny in relation....
Deliberate and malicious acts intended to outrage religious feelings, as per Section 299 BNS, necessitate intentional insult to religion, confirming the applicability of cognizable offences in public....
The judgment emphasizes the duty of every citizen to promote harmony and the spirit of common brotherhood amongst all people, and the penalization of acts insulting religious beliefs under Section 29....
The main legal point established in this judgment is that the appellant's Facebook posts do not constitute the alleged offenses under the Indian Penal Code and that Section 124A IPC is under challeng....
The court established that mere expressions of political support do not constitute an offence under Section 153A IPC unless they promote enmity between distinct groups.
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
Point of law:Grant of bail – justified - power of the Court to grant bail is discretionary in nature. While examining the correctness of the decision rendered in exercise of such discretionary power,....
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