'Kill Modi' Remark: Madhya Pradesh High Court Grants Bail To Congress Leader Raja Pateria Two Months After Arrest

The Madhya Pradesh High Court on Monday granted bail to Congress leader Raja Pateria in a case over his alleged remark against Prime Minister Narendra Modi.

Justice Sanjay Dwivedi while allowing the second bail application preferred by the Congress Leader, observed that, 

Considering the earlier order and the liberty granted to the applicant to revive the application after the period of thirty days, I am inclined to consider and allow this bail application. Therefore, without commenting anything on the merits of the case, this bail application is allowed.

The prosecution alleged that Pateria had, in an ongoing meeting of Congressmen, made a speech overtly using filthy and intimidating language conspiring to commit murder of the Prime Minister of the country and further instigating the persons of minorities in the wake of their religion, caste, and language.

Consequently, an FIR was lodged against him under Sections 451 (House-trespass), 504 (Intentional insult with intent to provoke breach of peace), 505(1)(B) (Statements conducing to public mischief to cause fear or alarm to public), 505(1)(C) (Statements conducing to public mischief with intent to incite any class or community of persons to commit any offence against any other class or community), 506 (Criminal intimidation), 153-B(1)(C) (imputation assertions prejudicial to national-integration), 115 (Abetment of offence punishable with death/ life imprisonment), 117 (Abetting commission of offence by public) of IPC and he was arrested on December 13, 2022. His bail plea was earlier rejected by the lower court and thus, he moved to the High Court seeking bail in the case.

The previous bail application moved by the applicant was rejected last month, stating that looking at the manner in which the crime has been committed and the words used for the Prime Minister was not acceptable that too in a public meeting. 

The Counsel appearing for the Applicant, Senior Advocate Shashank Shekhar submitted before the Court that the charge sheet has already been filed and considering the fact that the applicant was arrested on 13 December 2022, the bail application may be considered. 

Deputy Government Advocate L. A. S. Baghel opposed the grant on bail contending that the earlier bail application was rejected on merit and therefore, the second bail application without any change in circumstance can not be considered.

The Court, however, without commenting upon the merits of the case, allowed the bail application. 

"It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- each with one solvent surety each of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it," the Court said. 

Case Title: Raja Pateria v. The State of Madhya Pradesh 

Citation: 2023 LiveLaw (MP) 37

Click Here To Read/Download The Order