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 agitation. An FIR No.852/20 (first FIR) dated 29.10.2020 was registered against the applicant and other co-accused persons for committing offence under section 188 of IPC. Subsequently, section 269 and 270 of IPC and 51B of Disaster Management Act, 2005 were added by the police. It is pointed out that in the first FIR (Annexure A/2) there was no mention regarding any speech given by present applicant which attracts section 153A of IPC.

4. After six days from the date first FIR was lodged, Dr. Deepak Raghuwanshi (complainant) claiming himself to be General Secretary of Dharam Sanskriti Samiti preferred a complaint which was reduced in writing as FIR on 4.11.2020 (second FIR) (Annexure A/3). This FIR No.857/20 is filed as Annexure A/3. It is averred that second FIR does not mention about the previous FIR.

5. Shri Vivek K. Tankha, learned senior counsel assisted by Shri Ajay Gupta, Advocate for the applicant urged that the first FIR was lodged by Sub Inspector Shiv Bhanu Singh who was present at the time of protest. As per the contents of first FIR, approximately 2,000 persons participated in the protest against the statement of President of France. These persons have not maintained social distancing and further violated the order passed under section 144 of CrPC thereby committed offence under section 188 of IPC. In the second FIR, following averments were made:

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