Allahabad High Court Stays Arrest Of Man Accused Of Hurting Sentiments By Throwing Liquor Bottle Into Mosque In Inebriated State

The Allahabad High Court on Monday granted interim protection from arrest to a man who is facing an FIR for allegedly throwing a liquor bottle into a mosque and thereby hurting religious sentiments.

Granting him protection, a bench of Justice JJ Munir and Justice Achal Sachdev remarked, prima facie, that because the petitioner was in an inebriated condition, he could not have intended to hurt religious feelings.

Briefly put, the petitioner-applicant was booked by the Azamgarh Police under Section 298 BNS [Injuring or defiling place of worship, with intent to insult the religion of any class] on the allegation that while in an inebriated condition, he threw away a bottle of liquor that he was consuming into a mosque.

The bottle was smashed on impact there, an act which the police claim resulted in hurting the religious feelings of the other community.

Admitting his plea challenging the FIR in question, the Division Bench opined thus:

"Prima-faice, the petitioner was in an inebriated condition and as it seems, could not have intended to hurt religious feelings."

The bench also issued notices to the respondents and granted them two weeks' time to file a counter-affidavit. The matter has now been listed for orders on July 14.

Importantly, the bench directed that, until further orders, the petitioner (Vikrant Singh), shall not be arrested in connection with the present case.

Advocates Ajeet Singh Yadav, Amit Rana, Ashish Rana and Kamlesh Kumar Yadav appeared for the petitioner