Allahabad High Court Grants Bail to AMU Professor Accused of Linking Rape to Hindu Texts
The Allahabad High Court has granted anticipatory bail to Aligarh Muslim University (AMU) Assistant Professor Dr Jitendra Kumar, who faces charges of promoting enmity and outraging religious feelings over classroom references to Hindu scriptures while teaching a lecture on rape.
An FIR, registered in 2022 at Civil Lines police station in Aligarh under Sections 153A, 295A, 298 and 505(2) of the IPC, alleges that Dr Kumar, during a lecture on rape from a historical perspective, cited passages from Baba Saheb Dr Ambedkar Sampurna Vangmay Part-8 and the Brahma Vaivarta Purana published by Geeta Press, Gorakhpur.
The prosecution argued that while “rape” is a topic in the syllabus, it does not include historical or religious references, and that the material used by the professor carried religious connotations capable of offending sentiments. Statements from students about the lecture formed part of the case material.
The defence submitted that the lecture was delivered only in the classroom, not in a public forum, and no student lodged a complaint. It was argued that the texts cited were from published works, one of them government-published, and used for academic purposes. Counsel also placed on record the report of a university fact-finding committee comprising three professors and an assistant registrar, which concluded that the reference “may have been a mistake” but found no criminal intent.
Dr Kumar undertook before the court that he would not make any religiously connoted references in class without clearance from the Academic Council.
The bench of Justice Dr Gautam Chowdhary referred to the Supreme Court’s judgment in Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694 on the principles governing anticipatory bail. Court noted that the references were taken from published books and the lecture was within a classroom, adding that prima facie there was no deliberate attempt to disturb public peace on the basis of religion.
Court directed Dr Kumar to furnish a personal bond of Rs. 50,000 with two sureties and imposed conditions, including appearing before the court as required, cooperating with the investigation, and refraining from making historical references with religious connotations without prior approval. Any breach could lead to cancellation of bail.
The case will continue before the trial court.
Case Title: Dr Jitendra Kumar vs State of UP and 2 Others
Order Date: July 30, 2025
Bench: Justice Dr. Gautam Chowdhary