MP High Court Grants Anticipatory Bail to Bhajan Host, Says No Prima Facie Intent to Hurt Religious Sentiments
The Madhya Pradesh High Court has granted anticipatory bail to a programme host accused of making remarks allegedly disrespectful towards Lord Ram and Goddess Sita during a devotional event. The Court observed that although the language used by the applicant was “not proper,” there was no prima facie material to indicate that he intended to hurt religious sentiments or promote communal disharmony.
Justice Devnarayan Mishra passed the order while hearing the anticipatory bail plea of Sandeep Kumar, who was booked under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) for statements allegedly promoting public mischief and religious enmity. The case arose from an FIR registered after a bhajan programme organised by U.S. Agro Seeds Company, during which devotional singer Shahnaz Akhtar was performing.
According to the prosecution, during a break in the performance, the applicant recited a doha relating to the abduction of Goddess Sita and allegedly made remarks perceived as insulting to Lord Ram and Goddess Sita. The complainant contended that the statements hurt the religious sentiments of devotees present at the event, leading to the registration of the criminal case.
The defence argued that the applicant was merely narrating a conversation attributed to the residents of Lanka following the abduction of Sita and was not expressing his own views. It was further submitted that the remarks were intended to convey the fear prevailing in Lanka, including that of Mandodari, and that the applicant had immediately apologised publicly after objections were raised by members of the audience. A video recording of the apology was also placed before the Court.
After examining the available material, the High Court observed that the context in which the doha was recited was relevant. The Bench held that while the selection of words might have been inappropriate, the material on record did not, at this preliminary stage, establish an intention to insult religious beliefs or incite violence, riots or communal discord. The Court therefore concluded that custodial interrogation was not warranted at this stage.
Accordingly, the Court allowed the anticipatory bail application, directing that in the event of arrest, Sandeep Kumar be released on bail subject to the usual conditions, including cooperation with the investigation. The order clarifies that the observations are confined to the consideration of anticipatory bail and shall not influence the trial or the merits of the criminal proceedings, which will continue in accordance with law.
