Man Who Accused Tablighi Jamaat Members Of Assaulting & Spitting On Him On Social Media; Bombay HC Grants Pre-Arrest Bail [Read Order]

The Bombay High Court on Monday granted ad-interim relief to one Abuzar Abdul Kalam, a 42-year-old man who accused members of the Tablighi Jamaat of assaulting him and then spitting on him on social media. He has been booked under Section 295 A and various other provisions of the IPC.

Justice SV Kotwal heard the anticipatory bail application filed by the accused via video conference. Accused was arrested by Mumbai police following registration of FIR against him under Sections 295 A (Deliberate and malicious acts, intended to outrage reli­gious feelings of any class by insulting its religion or reli­gious beliefs), 499 (defamation), 500(Punishment For Defamation), 504 (Intentional insult with intent to provoke breach of the peace) and 505 (Statements Conducing To Public Mischief) of IPC.

Members of the Tablighi Jamaat community filed a complaint against the accused which resulted in lodging of FIR at Shahu Nagar police station. The complainants alleged that statements made in the said video uploaded by the accused were false and that he had deliberately made such allegations to hurt religious feelings and cause a rift in the society.

Appearing on behalf of the applicant accused, Advocate Vishal Saxena argued that the accused was being falsely implicated in the case as he (accused) himself had been assaulted and on April 21 had lodged a non-cognizable complaint at Shahu Nagar police station.

Whereas, APP SV Gavand sought an adjournment in the matter seeking time to file a detailed reply to the said application.

Court observed-

"At his request, the matter is being adjourned. However, considering the nature of allegations in the background of the non-cognizable case filed by the applicant himself, at this stage, I am inclined to grant ad-interim relief to the applicant till the next date."

Thus, granting ad-interim relief to the applicant till May 20, which is also the next date of hearing, Court set the bail amount, in case of an arrest, to Rs. 25,000.

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