Bombay HC Grants Interim Bail To 22-Year-Old Student Arrested For Social Media Post Against Sharad Pawar

The Division Bench of Justice Nitin Jamdar and Justice NR Borkar while granting bail observed –

"It has not been demonstrated before us that if the Petitioner is released on bail, he will abuse the liberty or interfere with the investigation. Therefore, taking these factors cumulatively, we find that a case is made out for the grant of interim bail to the Petitioner."

Advocate Subhash Jha with Advocate Harekrishna Mishra i/b. Advocate Anirudh Ganu appeared for the Petitioner, while PP A.S.Pai appeared for the Respondents before the Court.

The Petitioner had filed a Writ Petition before the High Court under Article 226 of the Constitution and Section 482 CrPC.

The Petitioner Nikhil Shyamrao Bhambre was arrested on May 13, 2022, after he allegedly posted a defamatory post against the leader.

Bhambre was then booked under Sections 153(A), 505(2), 506, 107, and 153 IPC and six FIRs were registered against him though he was arrested under three of those FIRs.

The Court while granting bail observed, "…we also find merit in the contention of the Petitioner that multiple FIRs for the same post in different cities were against the position of law and have resulted in great prejudice against the Petitioner, a student who has to apply in different courts for bail."

The Court also held that the Petitioner shall be released on bail after furnishing a bond of Rs. 15,000 in respect of the FIR 124/2022 registered with Naupada Police Station, Thane, and FIR No.13/2022 registered with Cyber Cell, Pune City.

The Bench further also opined that in respect of FIR No.570/2022 registered with Goregaon Police Station, Mumbai and FIR No.502/2022 registered with Bhoiwada Police Station, Mumbai, the Petitioner shall not be arrested till further order.

The Petitioner is also required to mark his attendance at Dindori Police Station every Sunday, the Court held.

Click here to read/download the Order