The Allahabad High Court allowed three bail applications filed by accused persons arrested in connection with an alleged act of desecration of the River Ganga and uploading of a provocative video on social media, holding that genuine remorse expressed through unconditional apology, absence of criminal antecedents, and period of detention already undergone collectively make out a prima facie case for bail.
Case Crime No. 65 of 2026 was registered at Police Station Kotwali, District Varanasi, under Sections 298, 299, 196(1)(b), 279, 223(b) and 308(5) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology Act. The accused were alleged to have desecrated the River Ganga during an Iftar party and subsequently uploaded a video through an Instagram handle in a manner alleged to be part of a larger conspiracy to disturb communal harmony. The applicants — Danish Saifi, Noor Islam, and Amir Kaifi — have been in judicial custody since 17th March 2026.
The applicants' counsel contended that the accused were falsely implicated and had no intention of hurting the sentiments of the Hindu community. It was pointed out that apart from Section 308(5) BNS, none of the other offences carry imprisonment exceeding seven years. The allegation of extortion was said to have been raised belatedly without explanation. Crucially, a co-ordinate bench of the same Court had already granted bail on 15th May 2026 to similarly situated co-accused in related bail applications, including Mohd. Sameer, Mohd. Ahmad Raza, and Mohd. Faizan. The State opposed bail, asserting that the accused had desecrated the Ganga and the video upload formed part of a larger conspiracy. The investigation was still ongoing to trace the funding source behind the Iftar party and those who promoted the video upload.
The Court placed significant weight on the unconditional apology tendered by the applicants through supplementary affidavits filed on the date of hearing. The apology, recorded in Hindi, expressed deep reverence for Maa Ganga and the Hindu faith, sought forgiveness from the entire Hindu community and all devotees of the Ganga, and gave a lifetime assurance of never repeating such acts,
"That the applicant has respect all the religion including Hinduism and Maa Ganges, therefore applicant without prejudice his rights duringinvestigation and Trial tender his unconditional apologies here in below :-
"प्रार्थी माँ गंगा व हिन्दू धर्म का हृदय से सम्मान करता है। उपरोक्त मुकदमें की घटना से आहत हुए समस्त हिन्दू समुदाय एवं अन्य सभी धर्मावलम्बियों जिनकी आस्था का केन्द्र बिंदु माँ गंगा है उनसे कर बद्ध क्षमा प्रार्थी है। प्रार्थी माननीय न्यायालय एवम समस्त हिन्दू धर्मावलम्बियों को यह आश्वासन देता है कि इस प्रकार की किसी भी गतिविधियों में भविष्य में सम्मिलित नहीं होगा और मां गंगा का हृदय से आजीवन सम्मान करेगा।"
The Court observed that the apology appeared heartfelt and reflected genuine remorse. Noting the parity principle — bail having already been granted to co-accused in the same case — combined with absence of criminal antecedents and the period of custody already served, the Court held that a case for bail was made out. Standard conditions including non-tampering of evidence, non-intimidation of witnesses, and regular appearance before the trial court were imposed.
Case Details: Case Nos.: Crl. Misc. Bail Application Nos. 12859, 13866 & 12885 of 2026
Bench: Justice Rajiv Lochan Shukla
Applicants: Danish Saifi, Noor Islam & Amir Kaifi
Opposite Party: State of U.P.
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