Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: In another set of bail applications filed by persons accused of throwing non-veg food in the River Ganga after an Iftar party, the Single Judge Bench of Rajiv Lochan Shukla, J., allowed the applications, holding that a prima facie case for bail was made out. The Court stated that the accused showed genuine remorse for their actions, and the apology note appeared heartfelt. Furthermore, the Court noted that it had similarly granted bail to the co-accused persons while considering the period of detention, lack of criminal antecedents, and the apology.
Background
Allegedly, members of the Muslim community, during an Iftar party, while partaking of food, including non-vegetarian food, threw the remains into the River Ganga. Accordingly, an FIR was filed against them under Sections 298, 299, 196 (1)(b), 279, 223(b), and 308(5), Nyaya Sanhita, 2023 (BNS), and Section 67, Information Technology Act, 2000, and the accused persons were arrested. Hence, the present bail applications.
The State contended that the accused persons not only desecrated the River Ganga but also, in a brazen attempt to disturb communal harmony, uploaded the video on Instagram through the handle of one of the accused persons. The State further alleged that the video was part of a larger conspiracy to disturb public harmony, and an investigation was presently being conducted to find out who funded the said Iftar party and who was instrumental in promoting the uploading of the video.
The State also contended that the River Ganga is not only a revered goddess in Hinduism but also the lifeline of northern India. The River Ganga being desecrated by the group of accused persons had hurt the sentiments of the country at large and had created a serious situation of public order.
The accused contended that they never intended to hurt the sentiments of the Hindu community. They were in jail since 17 March and no longer required for any custodial interrogation. They also undertook not to repeat any such offence nor indulge in any similar activity which may be prejudicial or harmful to the interest of religious harmony. Additionally, three of their co-accused had been granted bail.
Read the previous bail order in this case here: Allahabad HC grants bail to men accused of throwing non-veg food in River Ganga | SCC Times
Analysis and Decision:
At the outset, the Court noted that in the supplementary affidavits filed by the accused persons, they stated that they respected all religions, including Hinduism and River Ganga; therefore, without prejudicing their rights during investigation and Trial, they tendered unconditional apologies. The accused persons also apologised to the Hindu community and committed to respecting the Maa Ganga for life.
Noting the aforesaid and the submissions, the Court stated that the accused showed genuine remorse for their actions and the note of apology appeared to be heartfelt. Furthermore, the Court noted that it had granted bail to the co-accused persons while considering the period of detention, lack of criminal antecedents, and the apology.
Similarly, considering the entire facts and circumstances of the case, the lack of criminal antecedents, the period of detention already undergone, and the apology expressed in the supplementary affidavits, the Court held that a prima facie case for bail was made out.
Accordingly, the applications were allowed, and the accused were directed to be released on bail, on their furnishing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the Court concerned.
[Danish Saifi v. State of U.P., Criminal Misc. Bail Application No. 12859 of 2026, decided on 18-5-2026]
Advocates who appeared in this case:
For the petitioner: Mohammad Waseem
For the respondent: Government Advocate
