Allahabad High Court Grants Bail To Men Accused Of Hurting Religious Sentiments Over 'Ganga Iftar' Video After They Tender Unconditional Apology

"The note of apology that appears in the supplementary affidavit and the submissions of the Learned Counsels, in the opinion of the Court, appear to be heartfelt," Allahabad High Court, in a significant order, has granted bail to three men accused of outraging religious feelings and disturbing communal harmony by uploading a video of an Iftar party held at the banks of the River Ganges.

A Single Bench of Justice Rajiv Lochan Shukla observed that the applicants had shown "genuine remorse" for their actions by tendering an unconditional apology to the Hindu community and expressing lifelong respect for the sacred river.

The Court took note of the fact that the applicants had been in custody since March 17, 2026, and that similarly situated co-accused had already been granted relief by coordinate benches. The bench emphasized that the primary objective was to ensure the preservation of religious harmony while considering the liberty of the applicants who lacked any prior criminal history.

The applicants, Danish Saifi, Noor Islam, and Amir Kaifi, were arrested following an incident where a video of an Iftar party conducted at the River Ganges in Varanasi was uploaded to Instagram. The State alleged that this act was part of a larger conspiracy to desecrate the river and hurt the sentiments of the Hindu community. The case was registered at Police Station Kotwali, District Varanasi, under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.

The primary question before the Court was whether the applicants were entitled to bail given the nature of the allegations involving communal harmony. The Court was also called upon to determine if the unconditional apology and the principle of parity with other co-accused warranted their release from custody.

Accused Tender Unconditional Apology To Hindu Community

During the proceedings, the applicants filed supplementary affidavits containing an unconditional apology. They stated that they hold Maa Ganga and the Hindu religion in the highest regard and expressed "karbaddh kshama" (folded-hand apology) to all those whose faith was hurt by the incident. They further undertook not to participate in any such activities in the future and pledged to respect the River Ganges throughout their lives.

The Court found these submissions to be sincere and indicative of a transformation in the applicants' outlook. The bench noted that the language used in the affidavits demonstrated that the remorse was not merely procedural but was "heartfelt" and genuine.

"The averments made in the aforesaid paragraph as well as the submissions of the learned counsel for the applicants show a genuine remorse for the action attributed to the applicants."

Application Of The Principle Of Parity

The counsel for the applicants argued that the Court had already granted bail to other similarly situated co-accused in May 2026. It was contended that since the roles attributed to the present applicants were identical to those already released, they were entitled to the benefit of parity. The Court agreed with this contention, noting that consistency in judicial orders is essential when the facts and roles remain the same.

NATURE OF OFFENCES AND CUSTODIAL REQUIREMENT

The Court observed that apart from Section 308(5) of the BNS, none of the other invoked sections—including Sections 298, 299, 196(1)(b), 279, and 223(b) of the BNS and Section 67 of the I.T. Act—carried a punishment exceeding seven years. The bench also considered that the investigation was ongoing, but the applicants were no longer required for custodial interrogation as they had been in jail for two months.

While the Additional Government Advocate (AGA) opposed the bail, arguing that the video was a part of a larger conspiracy funded by external elements to disturb public peace, the Court found that the lack of criminal antecedents weighed in favor of the applicants.

"Taking into account the entire facts and circumstances of the case, the lack of criminal antecedents of the applicants, the period of detention already undergone and the apology expressed... prima facie, a case for bail is made out."

FINAL DIRECTIONS OF THE COURT

The Court allowed the bail applications and directed the release of Danish Saifi, Noor Islam, and Amir Kaifi upon furnishing a personal bond and two reliable sureties each. The release is subject to strict conditions, including a prohibition on tampering with evidence, intimidating witnesses, or indulging in any further criminal activity. The trial court has been given the liberty to cancel the bail should any of these conditions be breached.

The ruling reinforces the judicial approach of balancing the state's interest in maintaining communal harmony with the individual's right to liberty, especially when "genuine remorse" is demonstrated. By accepting the unconditional apology, the Court opted for a path of reconciliation over continued incarceration, provided the applicants adhere to their undertaking of respecting religious sentiments.

Date of Decision: 18 May 2026