B.AMIT STHALEKAR, J. - (1.) This contempt application has been filed by one Bharti Agarwal claiming to be an Advocate in Deoband, District-Saharanpur. It has not been stated in the affidavit accompanying the contempt application that she is a Pairokar of the accused Jai Prakash Jawahariya, whose case she claims to be advancing.
(2.) The case set up by the applicant is that a First Information Report was lodged against one Jai Prakash Jawahariya on 11.11.2016 under Sections 295A and 153A I.P.C. and Section 66A of the Information Technology Act, 2000 in the Police Station-Deoband, District-Saharanpur. Sections 153A and 295A of the Indian Penal Code read as under:- "153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. - (1) Whoever- (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, [or] (c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc. - (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]" "295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs - Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both."
(3.) It is stated that an application was filed by Jai Prakash Jawahariya on 12.11.2016 praying therein that he is a student of B.Sc and is studying in the Agra University and therefore, in view of the judgment of this Court in the case of Amrawati and another v. State of U.P. reported in 2004 (57) ALR 290 and the judgment of the Supreme Court in the case of Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (3) ADJ 322 (SC), he be granted interim bail. The application came up before the court on 14.11.2016 and on that date, the court after hearing counsel for the parties has held that the charges against the applicant are very serious and considering these facts has held that the question of releasing the applicant on bail does not arise and the application was rejected.;