AMIT GHAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for grant of anticipatory bail in FIR No.118 dtd. 2/4/2021, registered under Ss. 295-A, 298, 153- A, 153-B, 505, 149, 124-A, 120-B IPC at Police Station City Kharar, District S.A.S. Nagar.

(2.) The operative part of the order dtd. 28/4/2021, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

(3.) Learned counsel further submits that aforesaid Nishant Sharma and Arvind Gautam have already surrendered/arrested in this case and the video clip, which was uploaded on social media, i.e. Facebook and You Tube by Ajit Singh Buland, who is the Chief Editor of Punjab Kesari TV, is in fact edited in a manner that it gives one sided version, whereas the conversation between the petitioner and the said Press Reporter was not intended to hurt the religious sentiments of any community. 3. Learned counsel has reproduced the entire conversation in the present petition to argue that during conversation, the petitioner has expressed; in so many words that he has faith in Sikh Religion and since childhood he has been following the preachings of Sikh Gurus and, therefore, by editing the speech of the petitioner, a wrong message has been given by the aforesaid Press Reporter to make a sensational news by adding his own contents. Learned counsel has also placed on record the original recording by way of a Pen Drive (Annexure P-2) to support his version. 3. Learned counsel further submits that a bare perusal of Sec. 153-A and 505 of the IPC would show that whoever, by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, is liable for prosecution. Similar provisions are there in Sec. 295-A and 298 of the IPC.