No Intention To Disturb Law & Order In Area Where Message Was Circulated: Bombay HC Grants Anticipatory Bail To Man Accused Of Circulating Articles Supporting Naxalites
The Bombay High Court granted anticipatory bail to a man accused of circulating articles on WhatsApp supporting Naxalites.
The Court said that the intention to cause disorder or incite people to violence is sine qua non of the offence under Section 153-A of the Indian Penal Code.
The Court was hearing a Criminal Application filed seeking anticipatory bail in connection with an FIR registered for an offence punishable under Section 153-A(1)(b) of the Indian Penal Code.
The bench of Justice Urmila Joshi Phalke observed, “facts and circumstances show that there was no disturbance of law and order or public order or peace and tranquility in the area after the said message was circulated or on account of activities.”
Advocate N.S. Khandewale appeared for the Applicant and Additional Public Prosecutor T.H. Udeshi appeared for the Respondent.
Brief Facts-
The Assistant Police Inspector of the Anti-Terrorist Squad lodged a complaint after receiving a letter from the office of the Special Inspector General of Police (Anti-Naxal Operation). The letter alleged that the applicant wrote and circulated an article on WhatsApp supporting Naxalites and promoting enmity based on religion, race, birthplace, residence, and language. Based on this, an FIR was registered under Section 153-A(1)(b) of the Indian Penal Code.
The Court mentioned the Supreme Court decision in Balwant Singh and another vs. State of Punjab, reported in AIR 1995 SC 1725 where it held, “where written or spoken words have tendency or intention of creating public disorder or disturbance of law and order or effect public tranquility, the law needs to step in to prevent such an activity.”
The Court observed, “there was any mens rea on the part of the applicant to disturb the law and order or public order or peace and tranquility in the area where the applicant has circulated the said message.”
Accordingly, the Court allowed the Criminal Application.
Cause Title: Nitin s/o Vasantrao Bode v. The State of Maharashtra, thr.PS Incharge Yavatmal City, Taluka and District Yavatmal (Neutral Citation: 2024:BHC-NAG:9828)