The petitioner sought bail under Section 439 CrPC after lower courts rejected his application under Sections 437 and 439 for allegedly making derogatory jokes about Hindu deities. The court emphasized that while Article 19(1)(a) guarantees free speech, it must be balanced with Fundamental Duties under Article 51A to maintain communal harmony. Examining the case under Section 295A IPC, the bench noted that mens rea was evident from witness statements, complainant’s account, and video evidence showing deliberate intent to offend religious sentiments. The court denied bail, observing that the ongoing investigation might uncover additional evidence and that such acts could disrupt societal peace. In an obiter dicta, the judgment cautioned against allowing “negative forces” to undermine the constitutional ideal of peaceful coexistence. While the verdict stands, its operation has been stayed by a higher court, leaving the legal position in temporary abeyance.
