Avinash Das - Amit Shah

1. Criminal Misc. Application No.3538/2022
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BEFORE THE CITY CIVIL & SESSIONS COURT,
AT AHMEDABAD
Criminal Misc. Application No.3538/2022
Applicant: Avinash Lakshmikant Das,
Age : Adult, Occu: Film Maker,
Residing at : 1405, Sevilla, Raheja Exotica,
Madh Island, Malad (West)
Mumbai, Maharashtra,
Versus
Opponent : The State of Gujarat
Appearance :
Learned advocate Mr. M.M. Tirmizi for applicant-accused.
Learned P.P. Mr. S.B. Brahmbhatt for the opponent - State.
ORDER BELOW EXH.1
1. The applicant-accused has preferred this application under
Section 438 of Cr. P. C. to get anticipatory bail for the offence registered at
D.C.B. Police Station vide I-C.R.No.11191011220057/2022 punishable under
Section 469 of IPC, section 2 of the Prevention of Insults To National Honour
Act and section 67 of Information and Technology Act.
2. In nutshell, the short facts of the prosecution case are that the
complainant namely K.P. Patel had given complaint before the D.C.B Police
Station on dated 14/05/2022, which is registered vide I-
C.R.No.11191011220057/2022 and contended that he is serving as Wireless
P.S.I., at Crime Branch Police Station Ahmedabad. He has contended that on
17th
March, it is found that a person namely Avinash Das had posted a picture
upon his Facebook account of a woman had worn national flag upon her body
and the link was also found, which pertains to the accused Avinash Das and
the same picture of painting was found on the Instagram account of Avinash
Das on dated 17th
March. It is further alleged that on dated 08/05/2022 the
accused had uploaded another picture showing that the IAS Puja Singhal IAS
is whispering something in the ear of Union Home Minister of India and the

2. Criminal Misc. Application No.3538/2022
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accused had written upon the picture that ‘’it is a picture of few days back
when the Crores of amount was recovered from the house of Puja Singhal’’,
however upon verifying the same by the complainant, it is found that the said
picture is of the year 2017, when the Home Minister had visited State of
Jharkhand, thereby the accused has committed the said offence. In these
circumstances, FIR was registered before Police Station.
3. The ld. Adv. for the applicant-accused has argued that the
applicant is innocent and has been falsely implicated in the present case. He
has argued that this is an anticipatory bail application. He has argued that
looking to the sections, the punishment for the offence under section 469 of
IPC is up to three years and punishment for the other offence is also three
years. He has argued that the punishment for the offence under I.T. Act is five
years. He has argued that the allegation against the applicant-accused is that
he had uploaded two photographs. He has argued that one photograph has
been obtained from the link. He has argued that the photographs have been
circulated by others and not by the present applicant-accused. He has argued
that the accusation against the applicant-accused that the photographs have
been posted on the Twitter and it is offence under National Honour Act. He
has argued that this picture was posted earlier and there is no obscene
regarding flat posted on woman. He has argued that the offence under
section 469 of IPC is regarding forgery. He has argued that the photograph is
about the Home Minister had talked with the girl before five years as per
prosecution case. He has argued that this is a five years old incident and
photograph with Home Minister has been uploaded recently. He has argued
that there is no forgery. He has argued that the curruption money has been
found from the IAS. The ld. advocate has relied upon at para no.5 of
judgment in case of Solanki Ravibhai Vs. State. He has argued that if the
case may be, for the regular bail application is granted then the accused can
be enlarged on anticipatory bail. He further argued that the applicant is
residing in Mumbai and his presence is available and he is ready and willing
to abide by whatever conditions may be imposed on him and he will give

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cooperation, therefore he has requested to allow the present bail application.
4. The ld. P.P appeared on behalf of the State and filed the affidavit
of I.O. The ld. P.P opposed the bail application and submitted that three
notices have been issued to this applicant and one notice has been given to
his wife. He has argued that the applicant-accused has not co-operated for
the investigation. He has argued that the photograph of IAS has been taken
in year 2017. He has argued that the raid had been conducted and huge
recovery of money was made from the house of IAS. He has argued that the
accused had recently uploaded photograph of the Home Minister with IAS
officer with a view to defame. He has argued that on another photograph
there is a Indian flag upon woman. He has argued that the picture evokes the
feeling of hatred among the people of nation. He has argued that this picture
was posted which shows his mental perverseness, therefore, the provision of
punishment is not required to be seen. He has argued that the interest of the
country is necessary. He has argued that the investigation is on crucial stage
and it is required to be investigated about involvement of other persons
regarding at whose instant it is uploaded. He has argued that the custodial
interrogation is required. He has argued that transit anticipatory bail
application of the applicant-accused was rejected. Therefore, he has prayed
to reject the bail application.
5. The ld. advocate for the applicant-accused has re-argued that
there there is a right of the applicant-accused to get anticipatory bail and the
applicant-accused is entitled to get anticipatory bail. He has argued that
otherwise protection can be given to the applicant-accused. He has argued
that the applicant-accused is ready to appears before the Court or I.O,
whenever the Court orders. He has argued that the police can ask for the
remand of the applicant-accused. Therefore, he has requested to allow the
present bail application.
6. I have heard the Ld. Advocates for the parties as well as carefully
gone through the police papers and affidavit of I.O. Looking to the papers and

4. Criminal Misc. Application No.3538/2022
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complaint, it appears that the applicant-accused belongs to the State
Maharashtra and he has filed transit anticipatory bail application before the
Hon’ble High Court in vacation bench and the same has been withdrawn. On
perusing papers and affidavit, it appears that with a view to damage the
reputation and dignity of Nation the applicant-accused Avinash Das had
uploaded a picture of a woman had worn national flag upon her body and that
woman, which is appears to be nude woman in photograph and thereby he
had insulted the Indian culture as well as evoked a feeling of hatred amongst
the people of the country. It is important to note that by uploading this
photograph on Instagram and Facebook which shows his mental
perverseness. It is also important to note that with a view to defame the
Home Minister of India, the accused Avinash Das has also uploaded a picture
of I.A.S Puja Singal regarding she is whispering the Home Minister of India
and all these kind of pictures have been uploaded on the social media like
Twitter, Instagram and Facebook, which clearly suggest the mens rea of the
applicant-accused. It is important to note that the photograph of IAS officer
with Hon’ble Home Minister of country was of long back, in spite of he has
twitted the same on social media after the sizable amount of currency note
had been found from IAS Puja Singhal, therefore, the applicant-accused
having knowledge that it was not recently event-though he had twitted on
social media with a view to tarnish the image of Hon’ble Home Minister. It is
important to note that the present applicant-accused knows the law better
than the common man and as per the application, it appears that he is a film-
maker, so it is his prime duty to maintain dignity of the country and to give
respect to national flag as well as Hon’ble Home Minister of India but he has
willfully uploaded the same on social media. It is important to note that the
offence is related to the computer offence also and if the applicant-accused is
granted anticipatory bail then, it will accelerate the Cyber crimes in the nation
and will encourage to such persons to involve in such type of offence of
insulting national honour as well as insult to the country’s national symbols,
including national flag as well as impair the image of Union Home Minister of

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India. Therefore, looking to the facts and circumstances as well as looking
to the accusation levelled against the applicant-accused, he is not required
to be granted relief as prayed for. Therefore, considering to the papers
minutely, I am of the view not to enlarge the applicant-accused on bail.
Hence, I pass following order:-
:: O R D E R ::
The bail application is hereby rejected.
Pronounced in Open Court today on this 07th
day of June, 2022.
Place : Ahmedabad [ Dilipkumar Dhirajlal Thakkar ]
Date : 07-06-2022 GJ00405
Additional Sessions Judge
Court No.3
City Civil & Sessions Court,
alkesh Ahmedabad