The Allahabad High Court has rejected the bail application of Shahrukh accused of destruction of an idol of Lord Shiva’s family and attempting to kill the priest of a temple in Bareilly district.
A Single Bench of Justice Ashutosh Srivastava passed this order while hearing a Criminal Misc Bail Application filed by Shahrukh.
The bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused applicant, Shahrukh, seeking enlargement on bail in Case under Sections 298, 299, 302, 109 (1) and 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Izzatnagar, District Bareilly.
Counsel for the applicant argued that the accused applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.7.2024. He has no criminal antecedent and there is no likelihood of his fleeing from the course of justice or tampering with evidence in case of release on bail.
Counsel for the applicant contends that the allegation of destruction of the goddess statue in the temple has been levelled against the applicant.
Counsel for the applicant contends that the applicant was not named in the FIR. However, later on, the applicant was falsely implicated in the case.
Counsel for the applicant contends that ruptured and destroyed statutes have never been recovered by the concerned investigating officer.
Counsel for the applicant contends that brother of the applicant, namely, Sajid Khan has moved an application before the SSP Bareilly on 23.7.2024 that his brother Shahrukh was present at the house at the time of alleged incident and he has gone to market from the house at about 8:30 PM for Mandi, which is very clear from the CCTV Footage.
AGA has vehemently opposed the prayer for bail by submitting that name of applicant surfaced on record on the basis of statement made by eye witness Anita and Ram Kishan Sharma.
AGA submitted that the applicant along with co-accused was involved in the destruction of the idol of Lord Shiva’s family. When, complainant made hue and cry, the applicant and co-accused Ashrad managed to escape from the spot. However, co-accused Akram was apprehended from the spot. While escaping from the spot, accused Ashrad proclaimed “Shahrukh Jaldi Bhag Nahi To Hum Pakde Jayenge”.
AGA contends that initially the applicant managed to escape from the spot, but later on he was apprehended by the Police and put behind the bar.
AGA further submitted that the applicant along with co-accused has given a knife blow upon the husband of an eye witness, namely, Ram Kishan (temple priest), with intention to kill him, but somehow he escaped.
AGA also submitted religious sentiments that had been flared up by the applicant.
“Perusal of the record reveals that at first instance the applicant was involved in the destruction of an idol of Lord Shiva’s family and tried to kill Ram Kishan (Priest of Temple) with a knife. The police have also recovered the alleged knife from the bushes. The destruction of the idol of Lord Shiva’s family was made in the Holy Savan month with intention to disturb the communal harmony. Offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community and to the sentiments of the people.
In view of above, the Court is not inclined to enlarge the applicant on bail,” the Court observed while rejecting the bail application.