DILIP PANCHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is 1st application u/S. 438 Cr.P.C. filed by the petitioner for grant of anticipatory bail. Petitioner apprehends arrest in connection with offences punishable u/Ss. 153-A of IPC registered as Crime No. 374/2019 at Police Station Basoda City District Vidisha. Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

(2.) Petitioner apprehends arrest in respect of offence punishable u/S. 153-A of IPC where he has posted his response to a massage on Facebook which according to the prosecution has potentiality of promoting enmity between different groups on the ground of religion. Considering the fact that maximum sentence provided for the offence u/S. 153-A of IPC is three years and the said offence is triable by Magistrate and petitioner appears to be resident of Vidisha therefore, there is no possibility of the petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner. Accordingly, without expressing any opinion on merits of the case, I deem it appropriate to allow this application u/S. 438 of Cr.P.C. in the following terms. It is hereby directed that in the event of arrest, the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the Arresting Authority.

(3.) This order will remain operative subject to compliance of the following conditions by the petitioner :-