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FARJAND ALI
Lovepreet Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 56/2023 |
| 2. | Concerned Police Station | Hanumangarh |
| 3. | District | G.R.P. Jodhpur |
| 4. | Offences alleged in the FIR | |
| 5. | Offences added, if any | Under Sections 10(A) and 13(1)(A) of Unlawful Activities (Prevention) Act and Section 66-F IT Act. |
| 6. | Date of passing of impugned order | 01.02.2024 |
2. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail
The court ruled that mere dissent or criticism of government actions does not constitute an offence under Section 153A IPC unless it promotes enmity or hatred.
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The FIR lacks necessary ingredients for offences under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, justifying its quashing due to vagueness.
The court established that mere expressions of political support do not constitute an offence under Section 153A IPC unless they promote enmity between distinct groups.
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
The judgment established that to prove an offence under Section 153A IPC, there must be evidence of promoting enmity between different groups, and mere statements or social media posts may not be suf....
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