"No Intention To Disrupt Public Peace": Bombay High Court Grants Pre-Arrest Bail To Man Booked For Promoting Naxalism

The Bombay High Court bench at Nagpur recently granted anticipatory bail to a man booked for supporting and promoting 'Naxalism' through his WhatsApp messages and 'instigating' people against the existing Government of India by calling upon people to 'revive Naxalism' in the country.

Single-judge Justice Urmila Joshi-Phalke on August 2, noted that the applicant - Nitin Bode, an insurance agent, was booked for creating tension between two groups under section 153-A of the Indian Penal Code (IPC).

The bench noted that the Supreme Court in 1995 rendered a judgment in Balwant Singh vs State of Punjab wherein it was held that where written or spoken words have the tendency to create public disturbance, the law needs to step in to prevent the same.

"As far as the offence in the present case is concerned, 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. The intention to cause disorder or incite people to violence is sine qua non of the offence under Section 153-A of the IPC," the bench said.

The judge held that in the instant case, the 'intention' to cause public disturbance was absent on the part of the applicant.

"From investigation papers, it nowhere reveals that 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. The offence is not punishable for more than seven years. There is no compliance by issuing notice under Section 41 of the Criminal Procedure Code (CrPC). The investigating officer has not recorded any ground to show that why the arrest of the applicant is required. As far as custody of the applicant to seize his mobile phone is concerned, the same can be taken care of by imposing certain conditions," Justice Joshi-Phalke said while granting bail to the applicant on a surety of Rs 25,000.

According to the prosecution case, an FIR was lodged on June 3, 2024, on a letter written by the Special Inspector General of Police (Anti-Naxal Operations). The senior officer had written this letter to the Anti Terrorism Squad (ATS) unit at Yavatmal, highlighting an article written by the applicant, wherein he emphasised, "Naxalism will once again erupt in India, an armed revolution is necessary to protect the country." (lose translation of: भरत पुन्हा नक्षलवाद पेटनार, देश वाचवन्यासाथी सशक्त क्रांती ची गराज). Further, the applicant gave the slogan - जय भारत, जय संविधान, जय नक्षलवाद (Hailed India, Constitution and Naxalism).

The prosecution highlighted the fact that the applicant made 'baseless and unsupported' allegations against the Central Government led by the existing Prime Minister and to save the lives of citizens, armed revolution is needed against the Central Government. The said act of the applicant, the prosecution argued, is an attempt to provoke and instigate the general public at large against the Central Government and he has indirectly generated an advanced ideology of Naxalism through the said message.

However, the bench agreed with the contention of the applicant that he had no intention to disrupt public peace and order and therefore, granted him anticipatory bail.

Appearance: 

Advocate NS Khandewale appeared for the Applicant.

Additional Public Prosecutor TH Udeshi represented the State.

Case Title: Nitin Vasantrao Bode vs State of Maharashtra (Criminal Application (ABA) 517 of 2024)

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