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'Debatable As To How Dancing To Tune Of A Song & Making TikTok Video Can Hurt Sentiments': P&H High Court Grants Pre Arrest Bail
Sparsh Upadhyay
9 Nov 2020 6:08 AM GMT
The Punjab & Haryana High Court on Monday (02nd November) granted Anticipatory Bail to one Mandeep accused of hurting the sentiments of the SC/ST castes by making a TiktTok video with a background song composed by deceased Pandit Jagdish Chander Vats.The Bench of Justice Fateh Deep Singh was hearing the plea of a petitioner under Section 482 read with Section 438 Cr.P.C. in case FIR No....
The Punjab & Haryana High Court on Monday (02nd November) granted Anticipatory Bail to one Mandeep accused of hurting the sentiments of the SC/ST castes by making a TiktTok video with a background song composed by deceased Pandit Jagdish Chander Vats.
It was alleged that the petitioner danced in a tiktok video with background song composed by deceased Pandit Jagdish Chander Vats 40/50 years ago which is sung as Ragini. The complainant claimed that the song hurt the sentiments of the SC/ST castes leading to the registration of this case.
The counsel for the petitioner inter-alia contended that the petitioner merely danced on the tune of the song and neither is the author/composer nor did any act to hurt the feelings of the caste in question and that nothing is to be recovered.
The State counsel did not dispute the factual position but strongly opposed the bail on the grounds that under the mandatory provisions of SC/ST Act, no anticipatory bail can be granted to the accused-petitioner.
Court's Order
The Court said,
"Petitioner is neither the author/composer nor prepared the music of the song which was composed more than 40/50 years ago by the person who has since died. To the specific query of the Court how mere dancing on the tune of a song and preparing a video hurts the sentiments of the particular caste is a question which is debatable and can only be adjudicated at the time of trial."
The Court further said,
"Nothing is to recovered from the petitioner. The applicability of provisions of Section 3(i)(v) of the SC/ST Act would only be adjudicated thereafter. It would be traversity of justice to send the petitioner behind the bars."
In view of the aforesaid, the present petition was allowed. It was directed that in the event of arrest, the petitioner shall be released on bail to the satisfaction of arresting/investigating officer till submission of report under section 173 Cr.P.C. (challan).
The petitioner has been further directed to join the investigation as and when called for and shall also abide by the conditions specified under section 438 (2) Cr.P.C.
Thereafter, on presentation of challan, the petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court.
The petitioner was directed to join investigation within 15 days of the receipt of the copy of order. The petition was thus, disposed of.
Case title - Mandeep v. State of Haryana [CRM No. M-30185 of 2020 (O&M)]
[Read Order]
