HC grants bail to man accused of performing prayers for early release of rape convict dera chief

Read Order: Gurmail Singh v. State of Punjab 

LE Correspondent

Chandigarh, July 30, 2021: The Punjab and Haryana High Court has granted bail to a man accused of hurting religious sentiments by performing Ardas in a Gurdwara for the early release of the head of Dera Sacha Sauda, Gurmeet Ram Rahim, who is currently serving a 20-year sentence in a rape case.

The bench of Justice Avneesh Jhingan noted that the investigation in the case is complete and the chargesheet stands presented, and that the petitioner who has no criminal antecedents is in judicial custody, while the co-accused was granted interim bail. The case is a magisterial trial and the evidence by way of a video clip circulated on social media is already with the investigating agency. 

“In the facts and circumstances of the case, no useful purpose would be served by depriving the personal liberty of the petitioner. The petitioner is granted bail,” the bench said.

The petitioner Gurmail Singh was booked under Section 295-A of IPC (Section 120-B of IPC was added later on), registered at Police Station Sadar Bathinda, District Bathinda.

The FIR was registered following a complaint made by Harpal Singh Khara alleging that Ardas (prayer) was made in the Gurdwara making praises of the head of a Dera and for his early release. It was stated that religious sentiments of a particular community were hurt with the making of such Ardas. As per the case set up, there was video recording of Ardas which was circulated on social media.

There is an allegation of conspiracy between the petitioner and Sukhpal Singh (co-accused) for doing an action which will disturb the peace and harmony in the state. During the investigation, the police wanted to look into the financial sources for the tractor purchased by the petitioner.

The counsel for the petitioner submitted that the petitioner is in custody since May 21, 2021. The investigation is complete and chargesheet stands presented. He further submitted that co-accused Sukhpal Singh was granted interim bail by the High Court with a direction to join investigation.

The State counsel submitted that allegations against the petitioner are serious as it is a case of hurting religious sentiments.

The counsel appearing on behalf of the complainant contended that the co-accused who is on interim bail has denied any conspiracy, and it is a case where both the accused should be interrogated together.

Deciding the matter, the bench of Justice Avneesh Jhingan stated, “The investigation qua the petitioner is complete, challan stands presented. Petitioner is in judicial custody. The co-accused was granted interim bail. The petitioner has no criminal antecedents. The case is a magisterial trial. The evidence by way of a video clip circulated on social media is already with the investigating agency. In the facts and circumstances of the case, no useful purpose would be served by depriving the personal liberty of the petitioner. The petitioner is granted bail.”

However, the HC clarified that if the petitioner indulges in similar sort of action, the State would always be at liberty to move an application for cancellation of bail.