Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51506 of 2019 Applicant :- Dinesh Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Punit Kumar Gupta,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of the applicant namely Dinesh Yadav, in the event of his arrest, who is involved in Case Crime No. 539 of 2019, under Sections 295A, 294 of I.P.C. & 66F Information Technology (Amendment) Act 2008, Police Station- Kotwali, District- Jaunpur.
Heard Sri Rajesh Kumar Kanaujiya, Advocate holding brief of learned counsel for the applicant and learned A.G.A.
Perused the record.
Learned counsel for the applicant has tried to submit that by mistake the message in question got communicated from the mobile phone of the applicant and therefore, he may be granted anticipatory bail.
Learned A.G.A. has opposed the prayer for bail and has submitted that such kind of provocative messages which attempted to wound the faith and feelings of millions who subscribe to a particular faith, is a very serious matter. Such kind of attempts actually have the potential to worsen into communal conflagration which may result in bloody riots taking the toll of a enumerable people. In the present days where communal tension often disrupt the even fabric of social life, such kind of brazen attempts and the criminal audacity of the applicant can not be countenanced with and must not be dealt with leniency. The communication of such kind of message only shows the criminal proclivity of the applicant and the mischievous intentions which he had to disrupt the social order and peace.
After hearing the submissions made at the Bar, looking to the nature and gravity of the accusation and the material in support of the same and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 26.11.2019 Naresh