Bombay HC grants pre-arrest bail to man booked for ‘defamatory’ tweets against ministers

Justice Nitin W Sambre was hearing Thakkar’s pre-arrest bail plea in connection with a complaint filed against him under IPC sections 505(2) (statements creating or promoting enmity, hatred or ill-will between classes), 500 and 501 (defamation) by NCP worker Dinesh Bane, who had allegedly come across Thakkar’s tweet against NCP leader Awhad.

According to the police, the Narcotics Control Bureau’s recent action against drug peddlers has disturbed the political atmosphere in the state, particularly between cabinet minister Nawab Malik and BJP leaders. Bane had claimed that Thakkar may have posted such content deliberately to create animosity between the two political parties.

Thakkar approached the high court after the Thane sessions court rejected his anticipatory bail plea. Appearing for Thakkar, advocate Hrishikesh Mundargi argued that the offenses against his client were not made out as he created no hatred between two groups or communities and the FIR was registered due to political pressure to falsely implicate Thakkar.

Thakkar also gave an undertaking to the court that he will stop making defamatory statements, after which Justice Sambre said his custodial interrogation was not required and the protection can be granted.

The high court said that in the event of an arrest, the applicant may be released on furnishing a personal bond of Rs 25,000 with sureties of like amount and asked him to cooperate with the probe and not tamper with the evidence, failing which the Thane police is at liberty to move for cancellation of bail.