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2020 Supreme(MP) 1085

SANJAY YADAV, SUJOY PAUL
Arif Masood – Appellant
Versus
State of M. P. – Respondent


Advocates:
Vivek K. Tankha with Ajay Gupta for applicant; Purushendra Kaurav, Advocate General with Pushpendra Yadav, Additional Advocate General for respondent/State.

ORDER

Paul, J -- 1. The applicant has filed this application under section 438 of Code of Criminal Procedure, 1908 (for short CrPC) for grant of anticipatory bail arising out of Crime No. 857/20 registered at Police Station, Talaiya, District Bhopal relating to offence under section 153A of Indian Penal Code (IPC).

2. Draped in brevity, the case of applicant is that he is an Advocate, active politician and elected member of legislative assembly from Bhopal. On 29.10.2020, a protest was organized at Iqbal Maidan, Bhopal against the comments made by President of French Republic in reference to Islam. The applicant being an elected representative of his constituency also addressed the gathering and expressed his opinion on the comments of French President and condemned the comments made by him. The applicant also appealed the protesters to live with peace and harmony in society and not get instigated on the comments made by the President of France. The applicant also referred about the certain old incidence which had relation with patriotism and freedom movement of the country.

3. In the aforesaid gathering dated 29.10.2020, the police force was present at the spot to oversee the agita

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