Nagpur: The Bombay High Court’s Nagpur bench has granted anticipatory bail to a man named Nitin Bode, who was booked for allegedly supporting and promoting ‘Naxalism’ through WhatsApp messages.
Bode, an insurance agent by profession, was charged under Section 153-A of the Indian Penal Code for creating tension between different groups. The case was registered based on a complaint filed by Assistant Police Inspector Sarang Vijayrao Bompilwar of the Anti-Terrorist Squad in Yavatmal.
According to the complaint, Bode had written an article titled “Bharatat punha naxalvad petnara, desh vachvinyasathi shashtrakranti chi garja” (Naxalism is rising again in India, armed revolution is needed to save the country) and circulated it on WhatsApp. The article included a slogan saying “Jai Bharat, Jai Samvidhan, Jai Naxalvad” (Hail India, Hail Constitution, Hail Naxalism).
The police alleged that through this message, Bode had advised the general public to resort to armed revolution against the Central Government, thereby promoting the ideology of Naxalism.
However, Justice Urmila Joshi-Phalke, while granting anticipatory bail to Bode, noted that the investigation did not reveal any evidence of mens rea (guilty mind) on the part of the applicant to disturb law and order or public peace and tranquility in the area where the message was circulated.
The court observed that the offense under Section 153-A is punishable by not more than seven years, and there was no compliance by the police with the requirement of issuing a notice under Section 41 of the Code of Criminal Procedure before the arrest.
Additionally, the court held that the intention to cause disorder or incite violence is a sine qua non (essential element) of the offense under Section 153-A, which was not established in this case based on the facts and circumstances.
While granting anticipatory bail, the court imposed certain conditions on Bode, including that he shall attend the concerned police station once a week, produce his mobile phone before the investigating officer, and not induce, threaten, or promise any witnesses connected with the crime in question.
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