ARIF MASOOD Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this application under Sec. 438 of Code of Criminal Procedure, 1908 (for short Cr.P.C.) for grant of anticipatory bail arising out of Crime No.857/20 registered at Police Station, Talaiya, District Bhopal relating to offence under Sec. 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 dtd. 29/10/2020, the police force was present at the spot to oversee the agitation. An FIR No.852/20 (first FIR) dtd. 29/10/2020 was registered against the applicant and other co-accused persons for committing offence under Sec. 188 of IPC. Subsequently, Sec. 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 Sec. 153A of IPC.