- (1.)This is the first bail application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 10/06/2020 in connection with crime No.462/2020 registered at Police Station Khargone District Khargone for the offence punishable under sections 153A. , 34 IPC and 67 I.T.Act.
(2.)A s per prosecution case, the applicant has posted on 'face book' objectionable post hurting religious feelings of the muslim community. Accordingly, case has been registered against the accused persons.
(3.)Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. In fact, the complainant party had made highly objectionable post on 'face book' diminishing the status and reputation of the present Central Home Minister and also highly objectionable post on Lord Rama. The applicant had only retaliated to the same showing his anguish to the post of the complainant party hurting his religious feelings. The investigation is complete and challan has been filed. The applicant is not required for further custodial interrogation. He is in jail incarceration since 10/06/2020 and his further jail incarceration shall adversely effect his future life being a student. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.