MUNNALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This anticipatory bail application under Sec. 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with FIR No. 61/2022, Police Station Sujangarh, District Churu for offences under Ss. 354A, 354-C, 153-A, 298, 509 IPC.

(2.) It is well settled that the power exercisable under Sec. 438 Cr.P.C. is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty. It is also well settled that ordinarily, arrest is a part of the process of investigation intended to secure several purposes and it may be necessary to curtail the freedom of an accused in order to enable the investigation to proceed without hindrance and prevent the disappearance of the accused.

(3.) There is indeed freedom of speech and expression granted to every citizen as per Article 19(1)(a) of the Constitution of India. Anybody can make any comments on social media because freedom of speech and expression is a fundamental right. But people are making comments on social media without properly understanding the facts. There is freedom of speech and expression to every citizen but it does not entitle a person to promote disharmony or feelings of enmity, hatred or ill-will, and insulting the religion sentiments or beliefs.