New Delhi, March 7 The Delhi High Court on Tuesday granted transit pre-arrest bail to lawyer and Uttar Pradesh BJP spokesperson Prashant Kumar Umrao till March 20.
Umrao moved the High Court on Monday seeking transit pre-arrest bail after the TN Police lodged an FIR against him for allegedly disseminating false information claiming attacks on migrant workers from Bihar in the southern state.
TN's Thoothukudi Central Police Station registered the FIR against Umrao under various sections of the Indian Penal Code (IPC) such as provocation with intent to cause riot, provoking breach of peace and statement leading to public mischief, promoting enmity and hatred.
A single-judge bench of Justice Jasmeet Singh was hearing Umrao's plea and on the latter asking 12 weeks' anticipatory bail, the judge refused saying that "it can't be such a luxury". The applicant also urged for a six-week bail period.
Appearing for the TN Police, Senior Advocate Sanjay Hegde opposed his bail application saying that he has a history of making tweets that incite violence.
"He has a continual record of making such tweets and then deleting it without even a clarification," he argued.
On Umrao being the standing counsel for Goa, Hegde further said: "He is a man of some standing. Freedom of speech does not mean you light fire to a crowded theatre."
The judge said that the court will only see that he gets a proper redressal. "I will only ensure that he gets access to justice," Justice Singh said.
Umrao's counsel advocate Kushal Kumar said that he will require reasonable time to reach the territorial jurisdictional court.
Hegde argued that charges in the case are serious and that direct flights to Trivandrum and one stopover flights to Tuticorin are available and the applicant should have approached the territorial court.
While granting bail, Justice Singh imposed conditions saying that Umrao will have to share his contact number with Hegde and his google location with the TN Police.
Umrao's petition, however, said that because he is a member of a different political party, he is a victim of political rivalry.
The petition read: "The applicant intends to avail his legal remedies under Section 438 of the CrPC before the courts at Tamil Nadu having jurisdiction in the subject FIR, however, he is having grave apprehension that before he could avail such legal remedies, he would be arrested by the Tamil Nadu Police in connection with the FIR."
Umrao has alleged that his name has popped up after he tweeted something based on news covered by different national news agencies and that FIR has been wrongly registered against him.
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