Chandigarh: Observing that courts have to make a balance between individual rights and protecting societal interests, the Punjab and Haryana high court has denied interim bail to a law student for mocking Bajrang Bali Hanuman. “While considering a plea for grant of anticipatory bail, the court has to equilibrate between safeguarding individual rights and protecting societal interests. The court ought to reckon with the magnitude and nature of the offence; the role attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on society. It is imperative that every person in society can expect an atmosphere free from foreboding and fear of any transgression,” the HC held.Justice Sumeet Goel passed these orders while dismissing a plea for anticipatory bail filed by Harvans Rai of Faridabad in Haryana. The bench held that the allegations against the accused were serious and warranted custodial interrogation for a fair investigation.An FIR was registered in Faridabad based on a complaint by an advocate, who alleged that Rai had posted objectionable and derogatory remarks about the Hindu deity Lord Bajrang Bali Hanuman on social media. The complaint claimed that the posts were intended to outrage religious sentiments and also included caste-based remarks aimed at insulting a specific community.Investigators told the court that the accused was “specifically named” in the FIR and that the allegedly offensive posts had already been secured as evidence, prima facie supporting the prosecution’s claims.The prosecution also informed that Rai was falsely presenting himself as a practising advocate without the necessary qualifications or enrolment with any bar council.After hearing the matter, the HC observed that the petitioner intentionally posted malicious and derogatory messages regarding Hindu God ‘Bajrang Bali Hanuman’ on his Facebook account titled ‘Harvans Rai’ with the intent to insult and outrage the religious sentiments of Hindus. The petitioner also posted objectionable messages targeting a particular caste with the intention to hurt and insult the sentiments of members of that caste community. “The said posts have already been taken into possession during the course of investigation and prima facie support the allegations levelled in the FIR against the petitioner,” observed the HC while dismissing the plea.The HC mentioned that the accused is currently pursuing an LLB degree and is not legally authorised to practise law, lending weight to allegations of cheating and impersonation.Citing established legal principles, the court stated that granting pre-arrest bail at this stage could hinder the investigation process and the uncovering of material evidence. “The material on record establishes a reasonable basis for the accusations,” the court noted, adding that no plausible grounds were presented to suggest false implication.
