The Allahabad High Court has granted interim protection from arrest to Bhisham Pal Singh, an accused booked under Section 299 of the Bharatiya Nyaya Sanhita (BNS) for allegedly making derogatory remarks against Hindu deities and inciting religious disharmony.

The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed the order while hearing Singh’s petition challenging the FIR lodged against him.

The case originated from a viral video in which a woman allegedly insulted Hindu religious symbols and encouraged desecration of temples. The FIR claimed that these remarks hurt religious sentiments and could potentially disrupt communal harmony.

Advocates Pankaj Kumar Ojha and Shiv Poojan Yadav appeared for the petitioner.

Petitioner’s Defense

Singh contended that the allegations were baseless and politically motivated, asserting that he was merely present at the meeting but did not participate in any unlawful activity. His counsel further argued that the informant had multiple prior FIRs for disturbing public peace, indicating a pattern of filing frivolous complaints.

He submitted that the petitioner had no involvement in making any derogatory remarks or inciting communal disharmony, as alleged in the FIR. He contends that the petitioner was merely present at a meeting organized in District Gorakhpur and did not participate in any unlawful activities. He further submitted that the petitioner is a respectable person with no criminal history and has been falsely implicated in the case due to personal and political vendetta.

Court's Observations

The Court noting that the matter required further examination, issued a notice to the informant and directed the state government and other respondents to file a counter affidavit within six weeks. "Issue notice to the respondent No.4 returnable within six weeks. Steps be taken within a week. All the respondents may file counter affidavit within six weeks. Petitioner shall have a week thereafter to file rejoinder affidavit. List immediately thereafter," the Court said.

As an interim measure, the Court restrained the police from arresting Singh until the next hearing or submission of the police report, whichever is earlier, provided he cooperates with the investigation. "Considering the facts and circumstances of the case, as an interim measure, it is provided that till the next date of listing or till submission of police report u/s 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagarik Suraksha Sanhita, 2023), whichever is earlier, respondents are restrained to arrest the petitioner pursuant to the impugned FIR, subject to cooperation in the on-going investigation," the Court ordered.

Cause Title: Bhisham Pal Singh v. State Of U.P. And 3 Others [Criminal Misc. Writ Petition No. - 1196 of 2025]

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Justice Mahesh Chandra TripathiJustice Prashant Kumar

Sukriti Mishra

Legal Correspondent

Sukriti Mishra is a Legal Correspondent at Verdictum. She extensively covers the Supreme Court. She has completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022, she has previously worked with another legal news portal, where she extensively covered the Delhi High Court and Trial Courts.