MCRC-12199-2017 (GAURAV BARMAIYA Vs THE STATE OF MADHYA PRADESH) 25-07-2017 Mr.Manish Gavane, learned counsel for the applicant.
Mr.Amit Pandey, learned PL for the State.
This is an application under section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant Gaurav Barmaiya, who is apprehending his arrest in connection with Crime No.442/2017, for offences under sections 153-A(1), 505(2) of the Indian Penal Code, registered at Police Station Amarwada, District Chhindwara.
The allegation against the applicant herein is that he is stated to have shared a message on Social Media in the form of an image alleged to have been generated by a site called Hindutva.info. The translation of the said message would read as in order to finish caste, burn the constitution and not the manusmriti in which a law has been made for the purposes of distribution of certificates relating to castes .
At first blush, the said opinion cannot be stated to be inciting any community, caste, creed or religion. In fact, there is no mention of any religion or caste in the said message.
Undoubtedly, the message is an extreme view calling for the burning of the Constitution (even presuming that the word Constitution used in the message refers to the Constitution of India) instead of the Manu smriti. The manner in which the message has been constructed, it is clear that the same is an opinion of the author rather than an instigation to commit a particular act. Besides, The message has only been shared by the applicant herein, which at the most would disclose that he shares the view espoused by the author and that he himself bears an extremely castiest and a socially perverted mentality by which he may been seen to be supporting the pernicious caste system and may be worthy of moral derision, but which by itself is not an offence. The thought of the applicant may be despicable but then the applicant has the freedom to bear such a view.
Under the circumstances, I am inclined to allow the instant application for grant of anticipatory bail on behalf of the applicant. Accordingly, I direct that in the event of his arrest, he be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Police Officer competent to arrest him, subject to the conditions enumerated in Section 438(2) of the Code of Criminal Procedure, 1973.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE