The Kalyan Sessions Court has granted anticipatory bail to rapper Rajesh Mungase.
The case against him was that he wrote a song that allegedly addressed corruption in the Maharashtra government led by CM Eknath Shinde.
Additional Sessions Judge RG Waghmare rejected the police’s argument that Mungase’s custody was necessary to seize the electronic instrument used to compose the song.
The court stated that the electronic instruments were not material evidence in the alleged crime, as the video was already available on social media. Mungase sought anticipatory bail under section 438 of the CrPC after being booked by the Shivajinagar Police Station for offences punishable under Sections 505(2), 504, and 501 of the Indian Penal Code.
The court had previously granted him interim protection from arrest. The complainant, Snehal Kamble, a member of YuvaSena Core Committee, accused the rap song of insinuating that MLAs who joined Eknath Shinde’s rebel faction did so for money.
Mungase’s counsel argued that his right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India had been violated.
The song aimed to raise awareness about social injustice and did not specifically target any political party. The defense also highlighted that the complainant had previously posted statements on Twitter suggesting corruption in the present government.
Despite opposition from the prosecution, the court granted Mungase anticipatory bail. In the event of his arrest, he will be released upon furnishing a PR bond of Rs. 15,000 and must visit the police station once a month, as ordered by the court.
