Himachal Pradesh HC rejects anticipatory bail to ophthalmologist accused of outraging religious feelings

Shimla: The Himachal Pradesh High Court has refused anticipatory bail to an accused doctor in a case concerning the outraged religious feelings of others and derogatory comments against Lord Shiva and God Nandi Ji in a recent Facebook post.  

An FIR has been registered against the accused under sections 295A, 153A, and 505(2) of the Indian Penal Code (IPC) by Una police.

Rejecting the bail plea of the accused, Justice Virender Singh said the applicant is not a layman but an educated person who is well aware of the effect of his alleged post and comments.

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"While residing in the society, it is the duty of every person to give due respect to the religious belief of other members of the society. In the name of freedom of expression, the laxman rekha should not be crossed," said the single judge bench. 

Court also refuted the doctor's claim that his Facebook account had been hacked and the post in question had been put up by the hacker. Court highlighted that the doctor had not made any complaint to the police regarding the same. 

"The applicant is having status in society and, as such, he carries more responsibility. He ought to have exercised more caution before allegedly making the comments or putting posts on his Facebook account," added the court.

The accused doctor moved the high court having apprehension of arrest in a case registered in Mehatpur, Una district on June 3, 2023, under Section 295-A of the Indian Penal Code.

As per the FIR in the case, the doctor is a qualified ophthalmologist and running a private clinic at Mehatpur had posted derogatory comments, on Facebook, against Bhagwaan Bhole Shankar and Shivling.

The complainant in the case had also alleged that the accused doctor was habitual of posting such types of posts on his Facebook account and his acts had outraged the religious feelings of the people of the area.

Before the court, the concerned Facebook post of the doctor was also placed on record. Moreover, the police apprised the court that in protest of the accused doctor's act, on June 5, one rally was organized in Mehatpur Bazar and the doctor's effigy was burnt.

While deciding the question of bail, the Court had to maintain a delicate balance between individual liberty and the larger interest of society.

"As per the allegations in the F.I.R., the social media has been used by the applicant for hurting the religious feelings of the followers of a particular religion. The police have specifically expressed certain apprehensions, in case, the interim order is made absolute. At this stage, those apprehensions cannot be said to be unfounded. 

Allowing the bail application, in this case, will also give a wrong signal to society and it will encourage other persons to make such type of comments, allegedly causing resentment in the minds of followers of the other religions, which is also not good for the secular fabric of the country," said the court.

Considering all these facts and the ramification of the offences, allegedly committed by the applicant, the Court dismissed the bail application under Section 438 CrPC.

To view the official order, click on the link below: 

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