Danish Saifi, Noor Islam, and Amir Kaifi released on bail under strict conditions after expressing remorse and presenting a genuine apology.
In a significant development, the Allahabad High Court has granted bail to three individuals accused of disturbing communal harmony in Varanasi. The decision, pronounced by Justice Rajiv Lochan Shukla, allows the release of Danish Saifi, Noor Islam, and Amir Kaifi, who were implicated in a controversial case involving the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and the Information Technology Act.
The accused were initially arrested for allegedly uploading a video on Instagram that was seen as an attempt to disrupt public peace. They have been in custody since March 17, 2026. Their legal counsel, Mohammad Waseem, argued that the accused were falsely implicated and stressed their lack of prior criminal records. He highlighted that except for one charge under Section 308(5) of the B.N.S., the offenses are not punishable with imprisonment exceeding seven years.
The prosecution, on the other hand, contended that the accused had disrespected the River Ganges and aimed to incite communal discord. The prosecution further highlighted the ongoing investigation into the funding and orchestration of the video.
In a supplementary affidavit submitted during the bail proceedings, the accused expressed a heartfelt apology and affirmed their respect for all religions, including Hinduism. The court noted this expression of remorse and took into account their period of detention and absence of criminal history. This led to the application of the principle of parity, as co-accused in similar circumstances had already been granted bail.
Justice Shukla imposed several conditions for the bail, including a personal bond and two sureties. The accused are required to refrain from tampering with evidence, engaging in criminal activities, or intimidating prosecution witnesses. They must also ensure their regular attendance at trial dates unless exempted by the court. The trial court reserves the right to revoke the bail in case of any violations.
The bail release will be expedited through the Bail Order Management System (BOMS) to the relevant jail authorities. The court clarified that its observations were specific to the bail application and not indicative of the case's merits.
Bottom line:-
Bail granted to applicants accused of offenses under Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and Information Technology Act, considering their lack of criminal antecedents, period of detention, and expression of apology, with conditions to ensure non-tampering with evidence, adherence to law, and regular appearance in trial.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita Sections 298, 299, 196(1)(b), 279, 223(b), 308(5), Information Technology Act, 2000 Section 67
Danish Saifi v. State of U.P., (Allahabad) : Law Finder Doc id # 2903613
