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Bombay High Court Grants Anticipatory Bail To Sameet Thakkar In Thane FIR

Sharmeen Hakim
7 Dec 2021 8:26 AM GMT
Bombay High Court Grants Anticipatory Bail To Sameet Thakkar In Thane FIR
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The Bombay High Court on Tuesday granted anticipatory bail to Nashik resident Sameet Thakkar in connection with an FIR in Thane for his alleged defamatory tweet against Maharashtra cabinet ministers and NCP leaders Nawab Malik and Jitendra Awhad.While Justice Nitin Sambre was of the view that Thakkar's custody was not required, the court admonished him for his tweets and sought an undertaking...

The Bombay High Court on Tuesday granted anticipatory bail to Nashik resident Sameet Thakkar in connection with an FIR in Thane for his alleged defamatory tweet against Maharashtra cabinet ministers and NCP leaders Nawab Malik and Jitendra Awhad.

While Justice Nitin Sambre was of the view that Thakkar's custody was not required, the court admonished him for his tweets and sought an undertaking not to post similar tweets in the future.
Advocate Hrishikesh Mudargi for Thakkar gave an oral undertaking after which the court granted him anticipatory bail.
In the event of arrest, Thakkar was directed to be released on furnishing a bail bond of Rs. 25, 000 with one or two securities and to cooperate with the investigation.
The Kalwa police in Thane booked Thakkar on November 12 under sections 505(2), 500 and 501 related to defamation and criminal intimidation, on a complaint by Youth Working President of National Congress Party for Kalwa-Mumbra Constituency.
The Congress worker- Dinesh Bane- filed the complaint following Thakkar's tweet that a man arrested in the Dwarka Gujrat Drug Haul was an alleged aide of the minister's.
According to the complainant, the political atmosphere is already charged between the NCP and BJP leaders because of the allegations against the Narcotics Control Bureau. It was alleged that the tweet was posted deliberately to create rift and animosity between the two political parties.
Thakkar first approached the Thane sessions court after he received a notice under section 41A of the CrPC. He subsequently approached the High Court after being refused relief.
In an application filed under section 438 of the CrPC, Thakkar claimed that this is a witch hunt against him.
On Tuesday, Mundargi argued that section 505(2) of the IPC, the only non-bailable offence he's been charged with, is not applicable against him.
However, the court was not inclined to hear the matter on merits. It was of the view that his custodial interrogation was not required.
Therefore, following an oral undertaking, he was granted anticipatory bail.
According to Thakkar there are a total of five cases registered against him in the last 23 months in Maharashtra under the Maha Vikas Agadhi government.
Last year he was arrested in three cases and subsequently granted bail.


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