Nagpur: Judicial Magistrate First Class (JMFC) S.M. Birhari-Jagtap, Nagpur, granted bail to NCP leader and ex-Corporator Vedprakash Arya in a case of hurting religious sentiment on account of non immersion of the controversial idol of Lord Ganesh at Rudra Ganesh Mandal, Jaripatka in the city.
It is alleged by complainant Ganesh Kantode, BJP worker, that the Rudra Ganesh Mandal had installed controversial Ganesh idol this year which is hurting sentiments of Hindus and therefore they had demanded immediate immersion of said idol of Bappa, to which it is alleged the NCP leader Vedprakash Arya had objected.
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Monday 07 Oct. 2024
It is also alleged that Vedprakash Arya abused police personnel by forcibly opening the entry for seeing that controversial idol Ganesh for public and that he had used obscene/abusive words for Deputy Chief Minister Devendra Fadnavis too with the further allegations that he had threatened that if anyone will ask for immersion of said idol then he will kill them.
Subsequently, based on these allegations, Jaripatka police registered offences punishable under Sections 296, 299, 351(3), 3(5) of BNS against accused persons.
Adv. Kamal Satuja, Adv. Kailash Dodani and Adv. Dipen Jagyasi appearing for Vedprakash Arya had pointed out to the court that he is falsely implicated in this case and Section 299 of BNS which is only non-bailable offence as rest are bailable is not at all attracted against him and his implication in the matter is politically motivated as he belongs to NCP and he is against ruling party BJP therefore he is simply made scapegoat in the instant matter.
Further the entire controversy is related to the controversial idol of Lord Ganesh which is already immersed so now there is no question of any law and order problem as apprehended by the investigating agency.
Further the mobile phone of applicant is already seized and now he being in MCR his further detention is not required as now nothing is to be seized or recovered from him and therefore bail should be granted to him as he is senior citizen and heart patient too. He is ready to cooperate in the investigation. Therefore they prayed to release him on bail.
However, APP opposed the bail application of the accused by saying that offence is serious in nature and investigation is at initial stage and if the accused is released on bail he will tamper with the prosecution witnesses and will create obstruction in investigation coupled with fact that there can be law and order problem too in that event. Therefore she prayed for rejection of the bail application.
After hearing arguments of both sides, the JMFC S.M. Birhari-Jagtap granted bail to Vedprakash Arya on furnishing of solvent surety of Rs.20,000 and cash security of 7000 on condition that he should not commit similar offence.
Adv. Kamal Satuja, Adv. Kailash Dodani Adv. Deepen Jagyasi appeared for Vedprakash Arya.
