Allahabad High Court grants anticipatory bail to man accused of inciting public to demolish Gyanvapi mosque

The Allahabad High Court recently granted anticipatory bail to a man accused of inciting the public to demolish the Gyanvapi Mosque in Uttar Pradesh's Varanasi which has been embroiled in a dispute between Hindu and Muslim parties [Digvijay Chaube v State]..The accused Digvijay Chaube was booked for promoting enmity between different groups and other sections under the Indian Penal Code (IPC) after he allegedly provoked public to demolish the Gyanvapi mosque. Single-judge Justice Subhash Chandra Sharma granted anticipatory bail on furnishing a personal bond of ₹25,000.“In the event of arrest of the applicant Digvijay Chaube, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned,” the Court said. .The Gyanvapi mosque has been embroiled in a dispute between Hindu and Muslim parties. The Hindu parties have filed a suit claiming right to worship inside the premises of the mosque, on the ground that it was a Hindu temple and still houses Hindu deities.The civil court had ordered a survey of the Mosque by an advocate commissioner. The advocate commissioner then conducted the video graphed survey and submitted a report to the civil court.The suit before the civil court was, however, transferred to the District Judge by the Supreme Court on May 20 in view of the sensitivity of the issue involved.The District Court, on September 12, held that the suit was not barred under the Places of Worship (Special Provisions) Act, 1991..The counsel for accused argued that in present case on account of political rivalry, a first information report (FIR) was initially lodged against one Arun Pathak who is President of Vishwa Hindu Sena. Chaube's name was initially not there in FIR but was added later during investigation though there was no concrete evidence to prove his role, it was contended.Lastly, it is submitted that Chaube is under apprehension of imminent arrest. The counsel also said that in case, Chaube is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.The State counsel opposed the prayer for anticipatory bail..The Court after considering the facts and circumstances of the case proceeded to grant anticipatory bail to the accused-applicant."The applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020," the Court said.The accused was represented by advocate RB Singh..The Gyanvapi mosque has been embroiled in a dispute between Hindu and Muslim parties.The Hindu parties have filed a suit claiming right to worship inside the premises of the mosque, on the ground that it was a Hindu temple and still houses Hindu deities.The civil court had ordered a survey of the Mosque by an advocate commissioner. The advocate commissioner then conducted the video graphed survey and submitted a report to the civil court.The suit before the civil court was, however, transferred to the District Judge by the Supreme Court on May 20 in view of the sensitivity of the issue involved.The District Court, on September 12, held that the suit was not barred under the Places of Worship (Special Provisions) Act, 1991.The appeal against that order is pending before the Allahabad High Court..[Read Order]