ORDER :

1. Leave granted.

This appeal has been filed challenging the order of the High Court dated 15.05.2021 passed in Criminal Petition No.2998/2021, on the application of the appellant herein filed under Sections 437 and 439 of the Code of Criminal Procedure to enlarge the appellant/accused on bail in Crime No.12/2021 of CID, Police Station Mangalagiri, Guntur, Andhra Pradesh registered for offences punishable under Sections 124 A, 153(A), 505 read with Section 120-B of the Indian Penal Code (for short ‘IPC’). By the said order, the High Court has stated that it would not be inclined to entertain the petition on the ground that the appellant can approach the concerned Trial Court and seek necessary relief.

Brief facts of the case are that after enquiry by the State CID and on the directions of the Additional Director General of the CID to institute an FIR based on the said enquiry report, an FIR was lodged on 14.05.2021 with the following allegations:

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“Sri Raju did not restrict himself to fair criticism of the Government, but has made every attempt to create hatred, contempt disaffection towards the Government. Not only has he done this through his words, but also used visual gestures of face and hands to provoke his followers to take up violence. They are seditious in nature.

• Sri Raju has particularly targeted ‘Reddy’ Community and ‘Christian’ community and has tried to stoke hatred against them by trying to portray that Government has been favouring the two. That he has been successful in doing this is very apparent from the comments to the videos, thus causing public disharmony.

• Two media channels TV5 and ABN by allotting pre meditated and organised slots have clearly shown that there was a meeting of minds of Sri Raju with the heads of these media channels and all of them together conspired against the government.

• All the speeches looked like a well orchestrated conspiracy to create disaffection and bring contempt and hatred against the Government by Sri Raju and a few media groups and also to cause disharmony in public. By creating a feeling of hatred on the grounds of caste and religion.”

It was in this connection that the petition for bail was filed before the High Court, which has been dismissed. Challenging the said Order, this appeal has been filed.

In brief the contention of Shri Mukul Rohatgi, learned senior counsel appearing for the appellant is that the appellant is a sitting Member of Parliament of ruling party of the State and he having issued certain statements which were critical of the Chief Minister, the said FIR has been filed. It is contended that the ruling party has a grudge against the appellant as he had applied for cancellation of bail of the Chief Minister. According to the learned counsel for the appellant, the statements issued by the appellant were mere criticism of the actions of the State Government and in no case such a criticism, which according to the learned senior counsel would be classified as fair criticism, could be treated as sedition to be punishable under Section 124-A of IPC. According to the learned senior counsel, the said section has been included in the FIR only to ensure that the offence becomes non-bailable, as the other sections under which the appellant is charged are offences punishable below seven years.

The appellant has been arrested on 14.05.2021 and it is the specific contention of the learned senior counsel for the appellant that he has been tortured and injured in police custody, of which mention has also been made by the Magistrate while considering the application for remand. The Magistrate, by its order dated 15.05.2021, had asked for a medical report from the Government doctors as well as directed that the appellant be also examined by a private hospital. On the same day, the impugned order was passed by the High Court on the bail application filed by