Allahabad High Court granted bail to two men accused of inciting communal tension near a mosque in Meerut. The court emphasized that pre-trial custody should not be used as punishment.
Prayagraj: On June 3, 2025, the Allahabad High Court granted bail to two men who were accused of trying to disturb communal harmony by allegedly chanting ‘Hanuman Chalisa’ near a mosque in Meerut.
The Court strongly emphasized that keeping someone in jail before their trial should not be treated as punishment and also highlighted the basic principle of Indian criminal law, that every person is innocent until proven guilty.
The bench of Justice Raj Beer Singh was hearing the bail applications filed by Sachin Sirohi and Sanjay Samarval.
The judge said that just because the allegations are serious, it doesn’t mean the accused should stay in jail without trial.
Justice Singh observed,
“The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive.”
He also referred to a previous judgment of the Supreme Court in Vinod Bhandari v. State of M.P. to support this view.
The bail application was related to Case Crime No. 73 of 2025, registered at the Sadar Bazar police station in Meerut, under Sections 191(2), 196, and 197 of the Bharatiya Nyaya Sanhita (BNS).
According to the police and prosecution, the two men, along with some others, went to a religious site of the Muslim community and forcefully recited ‘Hanuman Chalisa’.
The authorities claimed that this was done to create tension between the two religious groups.
The Additional Government Advocate and the counsel for the aggrieved parties argued that this act was done deliberately and was likely to disrupt communal peace.
They requested the Court not to grant bail, saying the seriousness of the incident required the accused to remain in custody.
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However, the lawyers representing the accused denied all the charges. They said the allegations were false and driven by political motives.
They also claimed that there was no strong or clear evidence against the two accused and that their past records had already been explained in the affidavits submitted with the bail plea.
After hearing both sides, the High Court decided not to comment on whether the allegations were true or false at this stage.
The Court said the accused had shown enough grounds to get bail. But the Court also laid down strict conditions for granting the bail.
The accused must not interfere with the investigation or try to influence or threaten any witnesses. They must also attend all future court dates regularly.
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The judge added,
“The applicants must refrain from making any inducements or threats to individuals acquainted with the case, and any breach would give the trial court liberty to cancel their bail.”
With these directions, the Allahabad High Court granted bail to both Sachin Sirohi and Sanjay Samarval, underlining that justice must balance the rights of the accused with the needs of the investigation, and should not become a punishment before a proper trial takes place.
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