ORDER

The applicant is given out of turn hearing in pursuant of the order dated 10.03.2022 passed by Hon’ble Supreme Court in Special Leave Petition (Criminal) Diary No.976 of 2022 whereby this Court is requested to decide bail application of the applicant on its own merit by 15.03.2022.

2. The applicant is an accused in Crime No. 30 of 2021 against whom the charge sheet for the offences punishable under Sections 201/504/505 of the Indian Penal Code as well as under Section 66 of the I.T. Act came to be filed by the Economic Offences Wing of the State on 11.02.2022. By this application under Section 439 of the Cr.P.C., he is seeking his release on bail during pendency of the trial after filing of the charge sheet.

3. Heard the learned senior counsel appearing for the applicant/accused. He argued that even if the case sought to be made against the applicant is accepted as it is then also the offences alleged against the applicant are punishable with the three years imprisonment and most of them are bailable in nature. As investigation of the subject offence is over, the applicant deserves to be released on bail. It is further argued that the applicant has repentance for the act alleged against him and as he is in judicial custody, his wife has sworn an additional affidavit to that effect.

4. The learned senior counsel appearing for the respondent/State has vehemently opposed the application by contending that conduct of the applicant deserves to be noted. He argued that before the learned trial Court the present applicant fully justified his action and has claimed protection as per law. Hence, there is no guarantee that he will not repeat similar offence in future.

5. On merits, the learned counsel appearing for respondent argued that the case-diary is full of obnoxious material disseminated by the applicant on platforms of the social media bringing the entire institution of judiciary in disrepute. The learned counsel for the respondent submits that there is sufficient material to connect the applicant to the crime in question.

6. I have considered the submissions so advanced and also perused the case-diary as well as the supplementary casediary. I have also perused the material produced by the applicant.

7. Undisputed facts emerging on record shows that on 15.12.2021 one of the Hon’ble Judge of this Court has noticed the acts of the present applicant in posting various post on the social media bringing the Institute of judiciary in disrepute. Note of this fact was taken. That is how the subject FIR came to be registered by the Deputy Superintendent of Police and the Station House Officer of the Economic Offences Wing, Patna, Bihar, on the very same day itself. It is also not in dispute that on 16.12.2021, the applicant came to be arrested for offences punishable under Sections 201, 504 and 505 of the Indian Penal Code as well as under Section 66 and 67C of the I.T. Act. Routine investigation followed. Ultimately, the charge sheet as indicated in the opening paragraph of this order came to be filed against the applicant on 11.02.2022. Perusal of the case-diaries shows that the Investigator had seized the cellphone of the applicant. It was subjected to the Forensic Examination and report thereof is also collected. Statement of the witness is also recorded.

8. On perusal of the case-diary of the subject crime, it will be noticed that the applicant is an advocate having sufficient years of practice. However, he is found to be continuously posting several scandalous, shocking and derogatory post tarnishing the image of the judiciary. Perusal of the case-diary shows that the applicant had targeted Ex-Chief Justices of India, Chief Justices of this Court as well as Judges of this Court by his abusive and scurrilous post on the social media. The image of the institution is itself maligned because of such post as seen from the case-diary of the subject crime. Contents hosted on and circulated through Youtube Channel/accounts with URL originate