Viral ‘Biryani in Ganga’ video case: Accused apologise in court, 8 granted bail
In separate judgments for eight accused, Justice Rajiv Lochan Shukla granted bail to five while Justice Jitendra Kumar Sinha granted bail to three others.
CCTV grab from a purported video of the iftar party shared by the accused on social media The Allahabad High Court Friday granted bail to eight men accused of allegedly disposing of leftover chicken biryani into the Ganga at Varanasi during an iftar party in March.
In separate judgments for eight accused, Justice Rajiv Lochan Shukla granted bail to five while Justice Jitendra Kumar Sinha granted bail to three others.
In the judgment delivered by Justice Sinha, it is stated that the three accused — Mohammad Sameer, Mohammad Ahmad Raza and Mohammad Faizan — tendered apology before the court, stating if the religious sentiments of any person or group of persons are hurt, then they apologise for the same and they also undertake to file an affidavit before the court concerned / police station that they will not indulge in/repeat similar activities in future.
The counsel for the applicants submitted that they are innocent and they have been falsely implicated in this case due to ulterior motives. It was further submitted that the applicants have been languishing in jail since March 17 and none have any criminal history.
The Additional Advocate General opposed the prayer for bail of the applicants and submitted that similarly placed co-accused have already been granted bail by the coordinate bench of this court on the same terms and conditions.
Fourteen men, all in their 20s, were arrested in connection with the case, spending nearly two months behind bars. The men were accused of “hurting religious sentiments”, “defiling” a place of worship and “extortion”, as well as charges under the Pollution Act.
Friday’s hearing was for 11 accused. The hearing for the remaining three is listed for Monday.
The court stated, “The applicants have undertaken that they will not do the above act in future. The applicants have been languishing in jail since March 17 and they have undertaken to file an affidavit before the court concerned and the concerned police station that they will not indulge in/repeat similar activities in future.”
The single bench of Justice Sinha stated in the order, “Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. Let the applicants… be released on bail on their furnishing a personal bond,” the court ordered.
The case
On March 17, police had initiated action after a video of the alleged incident aboard a motorboat went viral on social media. Officials had said the footage was purportedly uploaded by the accused themselves. Following this, Rajat Jaiswal, district president of the BJP’s youth wing, Bharatiya Janata Yuva Morcha (BJYM), lodged a complaint at Kotwali police station.
A case was then filed under BNS sections 298 (injuring or defiling place of worship, with intent to insult the religion of any class), 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 196 (promoting enmity between different groups), and 223 (using evidence known to be false).
Police officials had earlier said that since the offences mentioned in the initial FIR did not warrant immediate arrest under the law, action was initiated under preventive provisions related to apprehension of breach of peace. Charges of extortion were also invoked against the accused. “We invoked BNS section 308 (extortion) against the accused based on the statements of the boat operators, who alleged that the group forcibly took control of the motorboat after issuing threats,” Assistant Commissioner of Police, Varanasi, Vijay Pratap Singh had said earlier.
The motorboat was owned by 65-year-old Kashi Sahani. ACP Singh said the extortion charge was invoked based on statements by Kashi Sahani’s son, Anil Sahani, and his relative, Ranjan Sahani.
According to the police, the complainant stated that the Ganga holds profound religious significance and is revered as a central symbol of faith.
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