The Allahabad High Court has granted bail to five accused arrested in connection with the controversial Varanasi boat Iftar video case, observing that the investigation could continue even without keeping them behind bars.
Justice Rajiv Lochan Shukla passed the order while hearing two connected bail applications involving allegations linked to religious sentiments, public harmony, and social media circulation of the video.
Background of the Case
According to the prosecution, the accused were part of a Roza Iftar gathering held on a boat in the River Ganga at Varanasi. The police alleged that non-vegetarian food was consumed during the gathering and remnants were thrown into the river, hurting religious sentiments. The video of the incident was later uploaded on Instagram.
The case was registered at Kotwali Police Station, Varanasi Commissionerate, under multiple provisions of the Bharatiya Nyaya Sanhita and the Information Technology Act.
Senior counsel appearing for the applicants argued that they had no intention to insult any religion and claimed they had been falsely implicated. The defence also pointed out that the accused had no criminal history and had been in jail since March 17, 2026.
State Opposed Bail
Appearing for the State, Additional Advocate General Sri Anoop Trivedi strongly opposed the bail plea. He argued that the act had not only hurt religious sentiments but also had the potential to disturb communal harmony after the video spread on social media.
The State further submitted that investigators were examining whether the event and the uploading of the video were part of a larger conspiracy intended to create public disorder.
During the hearing, the State relied on several High Court and Supreme Court rulings dealing with offences relating to religion, public order, and communal harmony.
Court’s Observations
While acknowledging the religious and cultural significance of the River Ganga, the Court noted that the issue before it was limited to deciding the bail applications.
“The social media platforms, which disseminate information at lightning speed… have also emerged as major hubs of disinformation,” the Court observed while discussing the wider impact of such incidents.
At the same time, the Court recorded that the applicants had expressed regret in their affidavits and appeared remorseful about the controversy caused by the incident.
The bench also took note of the fact that allegations of extortion by the boatman surfaced later during investigation, observing that the delay in making such allegations created suspicion at the prima facie stage.
Decision
Allowing the bail applications, the High Court held that continued detention of the accused was not necessary for the ongoing investigation. The Court noted the absence of criminal antecedents, the period already spent in custody, and the apology expressed by the applicants.
The Court directed that all five accused - Mohd. Azad Ali, Mohd. Tahseem, Nihal Afridi, Mohd. Tauseef Ahmad, and Mohd. Anas - be released on bail subject to conditions, including cooperation in trial proceedings and non-interference with evidence or witnesses.
