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Synopsis

The Jabalpur bench of Madhya Pradesh High Court has granted bail to Faizal, accused of shouting anti-India slogans, with a unique set of conditions. The court ordered that the accused must salute the National Flag 21 times while chanting “Bharat Mata ki Jai” on the 1st and 4th Tuesday of each month at Police Station Misrod, Bhopal. The court emphasised that this condition, along with regular bail terms, must be strictly followed until the trial concludes.

Justice Dinesh Kumar Paliwal, presiding over the court, was hearing the bail application filed by the accused, facing allegations of raising slogans “Pakistan Zindabad, Hindustan Murdabad” in an attempt to promote enmity between groups, a charge deemed prejudicial to national harmony. He was arrested on May 17, 2024 and booked under Section 153B of the Indian Penal Code (IPC), which pertains to acts prejudicial to national integration.

The accused, represented by Advocate Hakim Khan, argued that he was innocent and had been falsely accused. The defence acknowledged the video evidence showing Faizal chanting the controversial slogans but emphasised that the alleged offence was triable by the Judicial Magistrate First Class (JMFC), carrying a maximum sentence of three years. In seeking bail, the accused’s counsel suggested that “that applicant may be released on bail by imposing some stringent conditions.”

Opposing the bail plea, Government Advocate C. K. Mishra, appearing for the state (respondent), contended that the accused has a criminal record of 14 previous cases. It was further argued that the video unequivocally showed Faizal engaging in anti-national behaviour by openly shouting slogans against the country. The State's counsel also remarked that if Faizal was dissatisfied living in India, he had the freedom to relocate to another country he praised in his slogans. Based on these factors, the State urged the court to reject the bail application.

The court, upon considering the arguments from both sides, accused’s criminal background, as well as the video evidence, noted : “applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.”

The bail was granted on the condition that Faizal furnish a personal bond of ₹50,000, along with one solvent surety. Additionally, he is required to present himself at Police Station Misrod, Bhopal, to salute the National Flag 21 times while chanting “Bharat Mata ki Jai.” This unique bail term, along with compliance with standard conditions under Section 437(3) of the Code of Criminal Procedure (Cr.P.C.), was explicitly mentioned to ensure accountability.

The court clarified that the bail would remain effective until the end of the trial, but any violation of the stipulated conditions would lead to the cancellation of bail.

 

Cause Title: FAIZAL @ FAIZAN v THE STATE OF MADHYA PRADESH [MCRC-25082-2024]