A single bench Judge Jasjit Singh Bedi allowed a bail petition of 65 years old man Krishan Dev Dubey, who allegedly referred to Lord Valmiki as a ‘Dacoit’ and ‘Thief’.
The petitioner who was arrested after a case was registered under Section 295-A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of Indian Penal Code at Police Station Cantt. Jalandhar, District Police Commissionerate, Jalandhar.
As per the case, Dubey was booked on a complaint filed by a person belonging to the Valmiki community. The complainant stated that Dubey was talking in a loud voice to his security guard telling him that Lord Valmiki was a dacoit and a thief. The complainant was a witness to the whole incident as he was standing nearby. Describing Lord Valmiki as a dacoit and a thief had hurt his sentiments, the complainant stated.
The petitioner that he (Dubey) has been falsely implicated in the present case. In fact, reading FIR, no offence under Section 295-A of IPC was made out. As the petitioner was 65 and has been in custody since January 23, 2022, he is entitled to the grant of regular bail.
The state counsel in reply submitted that she does not dispute the factual position, but contended that the serious nature of the allegations did not entitle the petitioner to the grant of regular bail.
A bench of Justice Jasjit Singh Bedi after hearing the matter said, “The veracity of the allegations levelled against the petitioner shall be established during the course of the trial. Admittedly, the petitioner is 65 years of age, he is a first-time offender and has been in custody since 23.01.2022. Therefore, further incarceration of the petitioner is not required.”
The high court thus allowed the bail plea of the accused-petitioner.