JUDGMENT

BAIL APPLN. 3985/2023

1. The present application is filed seeking grant of bail in FIR No. 69/2023 dated 28.08.2023 registered at Police Station Dimapur for offences under Sections 153A/153B/505(1) & (2) of the Indian Penal Code, 1860 (‘ IPC ’) and Section 3(1)(r)/(s)/(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’).

Brief Facts

2. Briefly stated, the allegations in the FIR stem from a social media post allegedly made by the applicant, which is claimed to incite communal hatred, enmity, and disharmony between different groups based on religion, caste, or race and target members of the Scheduled Castes and Scheduled Tribes.

3. On 18.11.2023, the Nagaland Police arrested the applicant from his residence in New Delhi. The applicant was taken to the Special Judge, SC/ST Act, South, Saket Courts, New Delhi, for transit remand. However, the Court declined to grant transit remand and instead granted interim bail for 10 days, pending further proceedings.

4. It is alleged that the arrest of the applicant was illegal due to non-compliance with procedural safeguards under Section 41A of the CrPC, as no notice was served prior to the arre