Iftar on Ganga in Varanasi: HC grants bail to remaining 6 accused

Prayagraj: The Allahabad high court on Monday granted bail to the remaining six youths accused of organizing an iftar party on a boat on the Ganga in Varanasi and dumping non-veg biryani waste in the river.

Earlier, on May 15, the HC granted bail to eight youths, but observed that throwing non-vegetarian food waste into the Ganga could hurt the sentiments of the Hindu community.

Fourteen Muslim youths had been arrested on Mar 17 on a written complaint filed by BJP Yuva Morcha city unit chief Rajat Jaiswal. They had been booked under BNS Sections 298 (defiling a place of worship with the intent to insult a religion), 299 (deliberate and malicious acts intended to outrage religious feelings), 196(1)(b) (promoting enmity between different groups on the ground of religion), 270 (public nuisance), 223(b) (disobeying public servant’s order) and Section 24 of Water (Prevention and Control of Pollution) Act 1974. Consequently, Section 308 of BNS had been added to the case, carrying a provision of 10 years’ imprisonment.

Passing the order for the remaining six accused on Monday, Justice Rajiv Lochan Shukla noted that eight co-accused in the same offence were granted bail on May 15. Therefore, other accused are also entitled to bail on identical terms.

The HC said: “The present case concerns members of the Muslim community hosting an iftar gathering, during which non-vegetarian food was allegedly consumed and the remains were purportedly disposed of in the Ganga. In the considered view of the court, this act could, prima facie, be regarded as capable of offending the religious sentiments of the Hindu community. However, the issue presently before the court is limited to whether the applicants are entitled to be released on bail during the pendency of the investigation and trial.”

“In the opinion of the court, the ongoing investigation would not be impeded, and can continue unhindered even if the applicants are released from custody. Considering the totality of facts and circumstances of the case, including the applicants’ clean antecedents, the period of custody already undergone, and the expression of apology as noted above, a prima facie case for the grant of bail is made out. Accordingly, the applicants are directed to be released on bail upon furnishing a personal bond and two reliable sureties each of like amount, to the satisfaction of the court,” it added.

Additional advocate general Anoop Trivedi opposed the bail plea, saying the accused not only desecrated the Ganga but also, in a brazen attempt to disturb communal harmony, uploaded the video on Instagram through the handle of one of the accused.

On April 1, a sessions court in Varanasi had denied bail to the accused, saying they appear to have intended to disturb social harmony.

On May 15, two separate benches of the HC headed by Justice Rajiv Lochan Shukla and Justice Jitendra Kumar Sinha had granted bail to five and three accused respectively.

In his complaint, the BJP Yuva Morcha city unit chief, had alleged, “The viral video showed that some Muslim youths consumed non-veg food in the name of an iftar party while sailing in front of Bindu Madhav Dharara temple, referring to the temple in the background as Alamgir Mosque. They later dumped the waste and bones into the river.”