MUKESH JAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed the instant application under Sec. 439 of Cr. P.C seeking bail in connection with C.I.D. Cyber Crime P.S. Case No.16 of 2020 corresponding to G.R. Case No.691 of 2020 pending before the court of the learned Judicial Magistrate First Class (City), Cuttack. The petitioner herein is the accused in connection with alleged commission of offences punishable under Ss. 150/153/153-A/506 of the Indian Penal Code.

(2.) The case of the prosecution is that on 22/6/2020 at about 5:45 P.M., the Inspector of Police, CID Crime Branch, Odisha, Cuttack (informant) submitted a written report before the Superintendent of Police, CID, Crime Branch, Odisha to the effect that the petitioner claiming himself as the National Chairman Dharma Rakshyak Shree Darasena circulated WhatsApp messages (Mobile No.7292005711) casting aspersion upon the impartiality of the Hon'ble Judges of the Supreme Court especially the Hon'ble Chief Justice of India and provoking his likeminded people to mobilize and congregate in front of the residence of the Hon'ble Chief Justice of India to assault him physically. It is further alleged in the FIR that the rest part of the WhatsApp messages has been sent with an intention to promote enmity between different groups on the ground of religion. Thereafter the petitioner has been taken into custody.

(3.) Heard Mr. S.D. Das, learned Senior Counsel appearing for petitioner and Mr. Sk. Zafarulla, learned Additional Standing Counsel for the State-opposite party and perused the case records.