P&H High Court Denies Pre-Arrest Bail To Man Who Replaced National Flag With Saffron Flag Atop Mosque

The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of replacing the national flag with a saffron flag atop a mosque.

The FIR was lodged under  Sections 299, 3(5), 61(2)  196, 238 of the BNS and Section 2 of the Prevention of Insult to National Honours Act, 1971 at a  Gurugram's police station.

Justice Manisha Batra said, “The gravity of the offence and its potential impact on public order and communal peace cannot be overlooked at this stage. No extraordinary or exceptional circumstance has been brought on record by the petitioner that would warrant the grant of pre-arrest bail, particularly in light of the serious communal and constitutional implications of the alleged conduct.”

As per allegations on July 07, 2025, a complaint was received about National Flag being hoisted on a Mosque being removed and some other flag being erected by some persons.

Counsel appearing for the complainant and the State argued that the act was done with an intent to cause hurt to religious feelings of the members of muslim community. The petitionet is even shown to have made conversation with the co-accused when they were involved in removing the National Flag and hoisting some other flag.

After hearing the submissions, the Court noted that allegations against the accused were not vague or general but specific and substantiated by the conversations between him and other accused.

Considering that, custodial interrogation of the petitioner is must and no ground for grant of anticipatory bail is made out, the Court refused the relief.

"It is well settled that custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of the BNSS. Many useful information can be disinterred during custodial interrogation," the Court added.

Mr. Abhimanyu Singh, Advocate for the petitioner.

Mr. Apoorv Garg, Additional Advocate General, Haryana. Ms. Rosi, Advocate for the complainant.

Title: Vikas Tomar @ Vikash Tomar v State of Haryana

Click here to read/download the order