1 ABA : 638/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.638 OF 2011 Mr. Anuj Rajesh Jain .... Applicant Vs. The State of Maharashtra .... Respondent Mr. M.K. Kocharekar, Advocate for applicant. Mrs. G.P. Mulekar, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 29th July, 2011 P.C. 1. The applicant herein seeks anticipatory bail in connection with C.R. No. I-227 of 2010 registered with Nijampura Police Station, Thane under Section 295-A read with Section 34 Indian Penal Code, Section 2 of the Prevention of Insults of National Honour Act, 1971, Section 5 of the Emblems and Names (Prevention of Improper Use) Act, 1950. The applicant is the Managing Director of Paras Rice Products Pvt. Ltd.. The business is of cleaning the rice and selling the same. The first information report is by Police Officer, Nijampura Police Station, Bhivandi. The FIR alleges that 2 ABA : 638/2011 on 20th December 2010, confidential information was received by him about an organisation known as Bhandari & Company “ ” “ ” that uses posters of National Flag, Chhatrapati Shivaji Maharaj and Hindu deities like Radha Krishna on the gunny bags for packing rice. Therefore, raid was conducted on the premises of Bhandari and Company., the gunny bags were found in use with the posters of Chhatrapati Shivaji Maharaj and Radha Krishna. The applicant herein is the supplier of rice to Bhandari and Company. As has been rightly pointed out by Mr. Kocharekar, the learned counsel for the applicant, the main ingredient of the offence punishable under Section 295-A IPC alleged against the applicant cannot be said to have been made out by the facts alleged in the complaint. There is no material to indicate that the act of the applicant was a deliberate and malicious act with intention to outrage the religious feelings of any class. Hence the application is allowed. In the event his arrest in connection with C.R. No. I-227 of 2010 registered with Nijampura Police Station, for the offence under Sections 295-A read with Section 34 Indian Penal Code, Section 2 of the Prevention of Insults of National Honour Act, 1971, Section 5 of the Emblems and Names 3 ABA : 638/2011 (Prevention of Improper Use) Act, 1950, the applicant be released on bail in the sum of Rs.10,000/- with one solvent surety in the like amount. The applicant shall make himself available for interrogation by the Investigation Officer as and when required. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. The applicant shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)