The Punjab and Haryana High Court in the case Khyali Ram vs. State of Punjab observed and has granted the anticipatory bail to actor-comedian Khyali Ram wherein an FIR was lodged against him for his alleged derogatory words made against Maharishi Valmiki.
The bench headed by Justice Rajbir Sehrawat in the case observed and has granted him bail on the condition that he shall join the investigation as and when he is being called upon to do so and shall abide by the conditions as it is provided under Section 438 (2) of the Code of Criminal Procedure.
In the present case, the Khyali Ram has been accused of using certain words against Maharishi Valmiki during the press conference he held in Rajasthan’s Sri Gagananagar in September last year. Therefore, he also tendered an unconditional apology in public for his alleged words. An FIR was lodged against him as stated under section 295, section 295-A of the Indian Penal Code in Punjab’s Amritsar district on September 29, 2022.
However, he also moved before the High Court wherein he submitted that the case against him is totally false and concocted and he is not involved in the crime as alleged against him.
Further, it has been contended by him before the court that even as per the allegations of the prosecution, although the petitioner addressed some media persons, the utterances were only to highlight the personality and aura of Maharishi Valmiki and the same was not with any intention to downgrade the entity of him.
It has also been argued before the court that the State of Punjab does not have even the jurisdiction to entertain the complaint as the alleged words were spoken in the state of Rajasthan. Thus, the counsel appearing for the Punjab submitted before the court that since the petitioner had attempted to hurt the religious feelings of a particular community, therefore, the FIR in question had rightly been registered against the petitioner in the matter.
The court while considering the facts and circumstances of the case stated and deemed it fit to grant him anticipatory bail by directing that in the event of arrest.
Accordingly, the petitioner be released on bail, which being subject to his furnishing personal bonds, surety to the satisfaction of the Arresting or the Investigating Officer.
