Section 298 BNS: Allahabad High Court Stays Arrest of Man Accused of Throwing Liquor Bottle Into Mosque

The Allahabad High Court has granted interim protection from arrest to a man accused of throwing a liquor bottle into a mosque in Uttar Pradesh's Azamgarh district, observing at the prima facie stage that he appeared to have been in an intoxicated state and "could not have intended to hurt religious feeling".

A bench of Justice J.J. Munir and Justice Achal Sachdev passed the order while hearing a writ petition filed by one Vikrant Singh, who had challenged the criminal case registered against him under Section 298 of the Bharatiya Nyaya Sanhita (BNS), 2023 [corresponding to Section 295 of the Indian Penal Code (IPC)].

The provision provides, "Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both".

According to the order, the allegation against Singh was that while consuming liquor, he threw away the bottle into a mosque. The bottle shattered on impact inside the mosque, resulting in the religious feelings of members of another community being hurt.

However, the bench observed that, prima facie, the petitioner was in an inebriated condition and, "as it seems, could not have intended to hurt religious feelings."

It did not make any final determination on the merits of the case but considered the absence of apparent intention at this preliminary stage while dealing with the plea for interim protection.

What directions did the high court pass?

After hearing the matter, the high court admitted the writ petition and issued notices to the respondents.

Notice on behalf of the State authorities was accepted by the Additional Government Advocate, while other respondent was directed to be served through registered post. The respondents have been granted two weeks to file their counter affidavit, and the matter has been directed to be listed on July 14, 2026, along with reports regarding service and the status of pleadings.

On the accompanying stay application, the bench ordered that Vikrant Singh shall not be arrested until further orders in the case, registered under Section 298 of the BNS at Police Station Sidhari in Azamgarh district.

Court further directed the Registrar (Compliance) to communicate its order within 24 hours to the Senior Superintendent of Police, Azamgarh, and the Station House Officer of Police Station Sidhari for immediate compliance.

The high court's observations are only prima facie in nature and were made while considering the petitioner's request for interim protection. The legality of the FIR and the allegations against the petitioner will be examined after the respondents file their replies, with the matter scheduled for further hearing on July 14, 2026.

Case Title: Vikrant Singh v. State of Uttar Pradesh and 3 Others

Order Date: June 29, 2026

Bench: Justice J.J. Munir and Justice Achal Sachdev