Rambhagat Gopal shall not organise, attend, address any public gathering likely to disturb religious harmony: Haryana Court while granting bail

The Haryana court which granted bail to Rambhagat Gopal, accused of hate speech against Muslims, has ordered that Gopal should not organise, attend or address any public gathering which is likely to promote disharmony between religious communities (Rambhagat Gopal v. State of Haryana)..Gopal, who was accused of delivering inflammatory and communal speeches at a Mahapanchayat in Haryana, was granted bail by Additional Session Judge, Dr. DN Bhardwaj subject to certain conditions including the following:"He shall not organize or attend or address any public gathering which is prejudicial to the maintenance of religious harmony or likely to disturb the public tranquility or to cause fear or alarm or a feeling of insecurity amongst members of any religious group/community or to outrage the religious feelings of any religious group/community." Gopal was arrested after he participated in the event and allegedly delivered a speech, exhorting people to abduct Muslim girls and to kill persons of that community.After the video of the speech went viral, he was charged for offences under Sections 153A (promoting enmity between religions) and 295A (hurting religious sentiments) of the Indian Penal Code.Judicial Magistrate Mohammad Sageer had earlier rejected his plea for bail stating that people who give such communally charged speeches and create disharmony are more harmful to the country than the COVID-19 pandemic.Gopal had then moved the Sessions court for bail. Counsel for Gopal submitted that he was falsely implicated in the case by the police based on incomplete and concocted facts and he is a young boy of 19 years of age and has been in custody since July 17.Further, it was submitted that there was no recovery pending against the applicant-accused and the Mahapanchayat was organized on July 4 and there has been no incident of religious, communal tension since then.On the other hand, the Public Prosecutor opposed the bail and highlighted the contents of the FIR to contend that the speech by Gopal could lead to riots and law and order situation.The speech promoted enmity between two communities and outraged religious feelings of a particular community. The video is viral on social media and the speech contains words inciting religious sentiments, added the Public Prosecutor..[BREAKING] Accused of hate speech against Muslims, Ram Bhagat Gopal granted bail.The Court said that there is a restriction on freedom of speech and expression but the balance between societal interest and personal liberty is to be maintained. "Similarly, freedom of life and liberty of a person is equally important and guaranteed by the Constitution but keeping in view the fundamental principle of criminal jurisprudence balance between the societal interest viz-a-viz personal liberty is to be maintained. The balance is very fine and delicate," the order said..Accordingly, bail was granted to Gopal. "The applicant is in custody since July 12, 2021 and is about 19 years of age. He is not required for any recovery etc. Trial is likely to take considerable time. Keeping in view totality of the facts and circumstances of the case and without commenting anything on merits, I am of the view that the application for bail filed by applicant-accused Gopal Sharma @ Rambhagat deserves to be allowed. Accordingly, the present bail application is allowed," the order said. .[Breaking] Hate speech has become fashion; causing more harm than pandemic: Gurugram court rejects bail plea of Ram Bhagat Gopal .Gopal had shot into limelight last year after a photo of him firing at anti-CAA protesters in Delhi had gone viral..[Read order]