MANOJ KUMAR VYAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Section 438 of the Cr.P.C filed by the applicant, who apprehend his arrest in connection with Crime No. 100/2019, registered at Police Station Sevada, District Datia (M.P.), for the offences punishable under Sections 153-A read with Section 295-A of IPC.

(2.) Learned counsel for the applicant submits that the applicant is an Assistant Professor (English), he has been falsely implicated in the present case and he has not committed any offence in any manner. It is alleged that there is no overt act on the part of the applicant and the allegations are made against him are baseless and the same has been leveled with an ulterior motive. It is pointed-out that the said offences which are registered against the applicant the maximum punishment is up to three years, they are cognizable offence and triable by Magistrate. He has placed reliance upon the judgment passed by Hon'ble Supreme in the case of Bhadreshbhai Bipinbhai Seth and Ors. v. State of Gujarat and Anr., reported in (2016) 1 SCC 152, and also prays for disposing the bail application in the light of directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar.

(3.) Learned Public Prosecutor for the respondent/State opposed the prayer and submitted main allegations are against the present applicant only. He is a person who has instigated the students as well as the staff members and used filthy language towards the Hindu God and Goddess which is unbearable to public at large. He has also made a video from his mobile and send for circulation. He has further submitted that intentionally the petitioner has done the aforesaid work and the video which has been made by the applicant is made viral, thus, in turn effecting the feelings of public at large and prayed for dismissal of application.