The Bombay High Court has granted bail to a man accused of using WhatsApp to incite people against the Government of India and voicing support for Naxalism.

The Nagpur bench, with Justice Urmila Joshi Phalke presiding as a single judge, heard his bail application after he was charged under Section 153A of the Indian Penal Code.

The prosecution claimed that the man, in his WhatsApp status, urged people to take up arms, using slogans such as "Jai Bharat, Jai Samvidhan, Jai Naxalwad" (Victory to India, Victory to the Constitution, Victory to Naxalism).

The counsel for the applicant argued that Section 153A of the Indian Penal Code applies only when the accused incites hatred, contempt, or disaffection towards the government. He further contended that the accused's actions did not lead to any disturbance of law and order, public order, or peace in the area.

Opposing the bail plea, the Additional Public Prosecutor argued that the applicant had made baseless and unsupported claims against the Central Government, led by the Honourable Prime Minister, and called for an armed revolution to save lives.

However, the bench observed that the facts and circumstances indicated no disruption of law and order, public peace, or tranquility in the area following the circulation of the message. Additionally, the court noted that there was no evidence of mens rea on the applicant's part to disturb public order or peace with the message.