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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 6061 of 2016

Judgement / Order served on 4-10-2016

Judgment / Order delivered on 10-2016

• Tausif Ahmed Bhat S/O Shri Ghulam Ahmed Aged About 25 Years

R/O Gund Brath, Tahsil Bomai, District Baramula, State Jammu &

Kashmir.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station

Kotwali Durg, District Durg, Chhattisgarh.

---- Respondent

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For Applicant

:

Mr. Arshad Khan Advocate

For Respondent/State

:

Mr. Anant Bajpai, Panel Lawyer.

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Hon'ble Shri Justice Goutam Bhaduri

CAV Order

( Passed on 25-10-2016)

1. This is the first bail application filed under Section 439 of the Code of

Criminal Procedure for grant of regular bail to the applicant who has

been arrested on 3-8-2016 in connection with Crime No. 551 of 2016,

registered at Police Station Kotwali, District Durg (CG) for the offence

punishable under Section 124-A of IPC and Section 2 of Prevention

of Insults to National Honor Act, 1971.

2. Case of the prosecution, in brief, is that the applicant on his face book

has liked and shared the page containing the words “get out from

Kashmir” and in the picture Indian National Flag was shown to be in

the form of “Mouse”. It was further shown that the mouse is being

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swept away by a broom. It is further alleged that the applicant

enticed the several persons to work against India and support

independence of Kashmir. It is further case of the prosecution that the

applicant also tried to spit-hatred between the communities by his act,

therefore, the aforesaid offence has been committed. The applicant

was arrested by police of Police Station Kotwali, District Durg .

3. Learned counsel appearing for the applicant would submit that the

applicant is not the author of such face book page and he had just

liked that page, therefore, in any case it cannot be said that the

applicant has originated and invented such idea of the picture and

slogan. It is further contended that the applicant had all the rights of

freedom of expression and he had only liked the page which in turn

have not rendered incitement in the society, therefore, the offence is

not made out. It is further submitted that in any case, the evidence

which has been seized is documentary in nature as required and

charge-sheet has been filed in this case, the applicant is in jail since

3-8-2016 and no further investigation is required, therefore, he may

be released on bail.

4. On the other hand, learned State counsel opposes the prayer for

grant of bail.

5. I have heard learned counsel for the parties, perused the case diary

and documents.

6. Case diary contains the various face book pages of the applicant.

Prima facie, it shows that he had liked some posts which contained

the words “Get out from Kashmir” and the mouse was shown in form

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of National Flag and further was shown being swept away by a

broom. It also contains different face book pages which were

forwarded to him by some other persons wherein protest was made

about killing at Kashmir. Face book also contains one photograph of

Prime Minister Narendra Modi, picture of Amitabh Bachhan, Sonia

Gandhi and Shahrukh Khan and were shown that all have sustained

injuries on their faces and all the pictures were shown to be blind

folded and protest was made. Few of the witnesses were also

examined who have stated that the applicant tried to entice the local

people against Indian Government advocating independence and

freedom of Kashmir supporting Pakistan.

7. Taking into consideration the facts and documents of the case diary,

it suggests that the applicant was not the author of the said face book

pages. Case diary does not suggest any enticement in community