In CRM-M-6514-2023-PUNJ HC- P&H HC grants regular bail to man accused of hurting sentiments of member of Valmiki community by stating that Lord Valmiki was dacoit and thief
Justice Jasjit Singh Bedi [13-02-2023]
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Read Order: KRISHAN DEV DUBEY V. STATE OF PUNJAB
Monika Rahar
Chandigarh, December 16, 2023: The Punjab and Haryana High Court has granted regular bail to the petitioner in an alleged case of hurting the sentiments of a member of the Valmiki community by saying out loud that Lord Valmiki was a dacoit and a thief.
Prayer in the present petition before the bench of Justice Jasjit Singh Bedi was for the grant of regular bail in an FIR registered under Section 295-A IPC.
The brief facts of the case are that one Rishabh Khalsa stated that one Krishan Dev Dubey (petitioner) was talking in a loud voice to his Security Guard telling him that Lord Valmiki Ji was a dacoit and a thief. He (complainant) was standing nearby and belonging to the Valmiki community, his sentiments were hurt. Based on these allegations, the present FIR came to be registered.
The counsel for the petitioner contended that the petitioner was falsely implicated in the present case and that there was a violation of Section 41A of the Cr.P.C. In fact, reading the FIR, the counsel argued that no offence under Section 295-A IPC was made out. Since the petitioner was the age of 65 years and was in custody since January 2022, he was entitled to the grant of regular bail.
After hearing the parties, the Court observed that the veracity of the allegations levelled against the petitioner shall be established during the course of Trial. Admittedly, it was added that the petitioner was 65 years of age and was a first-time offender and has been in custody since 2022. Therefore, his further incarceration of the petitioner was not required, the Court observed.
Thus, without commenting on the merits of the case, the present petition was allowed and the petitioner-Krishan Dev Dubey son of Satyanaryan was ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the CJM/Duty Magistrate, concerned.
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