KALICHARAN DHANANJAY SARAAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.578 of 2021 registered at Police Station Tikrapara, Raipur, Chhattisgarh for offences punishable under Ss. 124A, 294, 295A, 153A(1)(a), 153B(1)(a), 505(1)(b), 505(2) of the Indian Penal Code.

(2.) According to the case of prosecution, on 26/12/2021, a Dharm Sansad was organised at Raipur, Chhattisgarh, wherein the Applicant delivered a speech before audience (public). Allegedly, in his speech, the Applicant used abusive language against father of the nation Mahatma Gandhi. In the speech, he also used offensive language against various communities. One Pramod Dubey lodged First Information Report against the Applicant on 26/12/2021. Initially, offence under Ss. 294 and 505(2) of the Indian Penal Code was registered against the Applicant. Later on, other offences under Ss. 295A, 153A, 153B, 124A of the Indian Penal Code have been added. During the course of investigation, the Applicant was arrested on 30/12/2021.

(3.) Shri Kishore Bhaduri, Learned Senior Advocate appearing for the Applicant submits that the Applicant is innocent. He has been falsely implicated in this case due to political rivalry. The offence under Sec. 124A of the Indian Penal Code is prima facie not made out against the Applicant. The decisive ingredients for establishing the offence is missing. In the First Information Report, there is no suggestion that the Applicant did anything as against the Government of Chhattisgarh, Government of India or any other Governments of States. The complaint filed against the Applicant contains no averment that the Applicant did anything as against the Governments. In this case, there is no allegation in the complaint that there was any violation of law or disturbance of public order post the speech delivered by the Applicant. Reliance has been placed on (2021) 1 SCC 1 (Amish Devgan v. Union of India) and AIR 1962 SC 955 (Kedar Nath Singh v. State of Bihar). With regard to the other offences, it is argued that the offence under Sec. 294 of the Indian Penal Code is a bailable offence and all other offences are triable by a Magistrate First Class wherein the maximum prescribed punishment is 3 years. According to the Learned Senior Advocate, the comment made by the Applicant against father of the nation is his personal opinion. Rest part of his speech relates to past history of certain communities, which also do not constitute any offence. The Applicant has a fundamental right of freedom of speech under Article 19(2) of the Constitution of India. He has not promoted any enmity between two classes of people. There has been no law and order problem, no communal violence and there has been no disturbance of public place because of the said speech delivered by the Applicant. The Applicant is a permanent resident of Akola (Maharashtra) having movable and immovable properties. Custodial interrogation of the Applicant is not required. Charge-sheet has already been filed. Trial is likely to take much more time. Two other crimes were registered against the Applicant in the State of Maharashtra and in both the cases he has already been granted regular bail. Therefore, it is prayed that in this case also, he may be granted regular bail.