Bombay High Court: Sarang V. Kotwal, J. granted anticipatory bail to the applicant accused of making false allegations against a particular religious group.
The appellant was booked by the Mumbai Police under Sections 295-A (outraging religious feelings), 499 (defamation), 500 (punishment for defamation), 504 (intentional insult with intent to provoke breach of the peace) and 505 (public mischief) of the Penal Code. The applicant had made a video clip making allegations that he was assaulted some members of Tablighi Jamaat and that they had spitted on him. According to the FIR, the allegations in this video were false and the applicant had deliberately made such allegations to hurt religious feelings and has caused rift in the society.
Vishal Saxena, counsel for the applicant, submitted that the applicant has himself filed a non-cognizable case at the same police station and that he was being falsely implicated, to which APP S.V. Gavand sought time to file a detailed reply.
Considering the nature of allegations in the background of non-cognizable case filed by the applicant himself, at this stage, the Court was inclined to grant ad-interim relief to the applicant till the next date.
Accordingly, it was ordered that in the event of the arrest of the applicant in connection with CR No. 170 of 2020 registered with Shahunagar Police Station, till the next date, the applicant is directed to be released on bail on his furnishing PR Bond in the sum of Rs 25,000.
The order was directed to remain in operation till 20-5-2020. The applicant shall attend the police station concerned as and when called and shall co-operate with the investigation. The matter is posted for 20-5-2020. [Abuzar Shaikh Abdul Kalam v. State of Maharashtra, 2020 SCC OnLine Bom 628 , decided on 27-4-2020]
