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Synopsis

The Bombay High Court has granted bail to a man who was accused of instigating people through WhatsApp against the Government of India and expressing support for Naxalism. 

A single judge bench at the Nagpur bench of the high court, comprising Justice Urmila Joshi Phalke, was hearing the man's bail plea who was booked under Section 153A of the Indian Penal Code.

The prosecution alleged that the man, in his WhatsApp status, encouraged people to take up arms and used the slogans "Jai Bharat, Jai Samvidhan, Jai Naxalwad" (Victory to India, Victory to the Constitution, Victory to Naxalism).

The counsel appearing for the applicant argued that a plain reading of Section 153A of the Indian Penal Code would show that its application is only attracted when the accused brings or attempts to bring hatred, contempt, or excites disaffection towards the Government. 

He further submitted that there was no disturbance of law and order, public order, or peace and tranquility in the area due to the accused's actions.

The Additional Public Prosecutor opposed the bail application, arguing that the applicant made baseless and unsupported allegations against the Central Government, led by the current Honourable Prime Minister, and claimed that an armed revolution was needed to save lives.

The bench, however, noted that the facts and circumstances showed there was no disturbance of law and order, public order, or peace and tranquility in the area after the message was circulated or due to the applicant's activities.

Further, the high court said that it nowhere reveals that there was any mens rea on the part of the applicant to disturb the law and order, public order, or peace and tranquility in the area where the applicant circulated the said message.

Accordingly, the high court proceeded to grant bail to the applicant.

Case Title: Nitin Vasantrao Bode vs State of Maharashtra