Marathi Rapper Rajesh Mungase Booked For 'Defamatory Song' Against Eknath Shinde Govt Gets Anticipatory Bail

A sessions court has granted anticipatory bail to rapper Rajesh Mungase who wrote a song allegedly about corruption in the Chief Minister Eknath Shinde-led government in Maharashtra.

Additional Sessions Judge RG Waghmare rejected the police’s contention that Mungase’s custody was required to seize the electronic instrument on which he had composed the song. Moreover, “…it does not appear that the electronic instruments are the material evidence in this crime by which it is alleged that the rap song has been composed. The video is already available on social media and hence, for the recovery of the same, there is no need of physical custody of the applicant,” the bench observed.

Mungase approached the Kalyan Sessions court under section 438 of the CrPC after he was booked by the Shivajinagar Police Station for offences punishable under Sections 505(2) (statements promoting enmity between classes), 504 (insult with intention to provoke) and 501 of the Indian Penal Code. Court had earlier granted him interim protection from arrest.

Mungase was booked on the complaint by Snehal Kamble, a member of YuvaSena Core Committee. She claimed that the rap song implied that those MLA who joined Eknath Shinde’s rebel faction did so for money; and since she was a part of the newly formed government with Eknath Shinde as the CM, she approached the court.

Advocate Shubham Kahite argued that Mungase's right to freedom of speech and expression guaranteed by Constitution of India under Article 19 (1) (a) has been violated. He has raised his voice against the injustice being caused to public at large at the hands of members of some political party. Moreover, he hadn’t named any political party, he just wanted to raise social awareness, it was argued.

He pointed out that the complainant herself had posted statements on Twitter in the past suggesting that the present government was corrupt.

Even as the prosecution opposed the bail application on the ground that the wordings used in the rap song are very objectionable, the court granted the rapper anticipatory bail. In the event of his arrest Mungase would be released on furnishing a PR bond of Rs. 15,000 and shall attend the police station once a month, Court ordered.

Click Here To Read/Download Order