The Allahabad High Court recently comprising of a bench of Justice Deepak Verma granted bail to a man who allegedly posted a video on the social media platform Facebook showing former BJP spokesperson Nupur Sharma being beheaded. (Nadeem Ansari v. State of U.P)
Facts of the case
The instant bail application was filed on behalf of the applicant praying to release him on bail who had been booked under Sections 153A, 295A, 505 (2) of the Indian Penal Code and Section 67 of the Information Technology Act, 2008 and is in jail since June 13, 2022.
The allegation against the applicant was that he tried to incite the communal tension while posting a video on face book and mobile showing to behead former BJP spokesperson Nupur Sharma.
Contention of the parties
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. There is no evidence of the alleged crime. It was further argued that offence is triable by the Magistrate. There is one case of criminal history against the applicant which has been explained in para-5 of the affidavit filed in support of the bail application. The applicant is languishing in jail since13.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Courts observation & Judgment
The bench observed, “Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate on the Article 21 of the Constitution of India, laid in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail.”
The bench allowing the bail application remarked, “Let the applicant, Nadeem Ansari be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.”
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