Marathi rapper Rajesh Mungase gets anticipatory bail after being booked for defaming Eknath Shinde government in song

A sessions court in Maharashtra yesterday granted anticipatory bail to Rajesh Mungase, a Marathi rapper who was booked for an allegedly defamatory song against the Maharashtra government led by Eknath Shinde..Sessions judge RG Waghmare at Kalyan, Maharashtra observed that Mungase’s custody was not required as the video of the rap song was readily available on social media.“It does not appear that the electronic instruments are the material evidence in this crime by which it is alleged that the rap song has been composed. The video is already available on social media and hence, for the recovery of the same, there is no need for physical custody of the applicant. Therefore, I do not find that physical custody of the applicant would serve any purpose,” the order stated..The court ordered that Mungase be released on bail if arrested, upon a payment of ₹15,000 as bail bond..On April 4, 2023, a Yuvasena core committee member filed a complaint with the Shivaji Nagar police station in Ambernath, Maharashtra over a Marathi rap song by Mungase.The complaint alleged that Mungase had created the objectionable Marathi rap song to defame the Maharashtra government, comprising the Bharatiya Janata Party and the Shinde faction of the Shiv Sena. Mungase was booked under Sections 501 (printing matter known to be defamatory) 504 (intentional insult to provoke breach pf peace) 505(2) (statements causing public mischief) of the Indian Penal Code. Apprehending arrest, he approached the Kalyan sessions court on April 11 seeking anticipatory bail through Advocate Shubham Kahite..Kahite had argued that the first information report (FIR) against Mungase was not only in violation of the law, but also an assault on his democratic and fundamental rights under Article 19(1)(a) (freedom of speech and expression) of the Constitution of India. The plea highlighted that through his rap songs, Mungase had not targeted any particular person, but had merely pointed out the injustice meted out against common people. The sessions judge had, on April 12 this year, ordered that Mungase should not be arrested till April 25. This protection was extended from time to time..[Read order]