Allahabad High Court
Imran @ Kareem Ullah vs State Of U.P. on 7 January, 2021
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 6718 of 2020
Applicant :- Imran @ Kareem Ullah
Opposite Party :- State of U.P.
Counsel for Applicant :- Noorain Husain Khan,Kailash Nath Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0210 of 2020, under Sections 153-A, 295-A, 505(2) IPC and Section 67 of the Information Technology (Amended) Act, 2008 lodged at Police Station Hazratganj, District Lucknow.
As per the FIR, the accused-applicant on his face-book account posted a message on 05.08.2020, calling public in general to observe 5th August as black day and, said that 'jab jajo ki kalam bik jai, to gazio ki talware faisla karti hai'; on 5th August, 2020 Bhumipoojan of Ram Temple at Ayodhya was performed after the judgment of the Supreme Court in the case.
3. Learned counsel for the accused-applicant submits that the accused-applicant is 20 years old youth and, it appears that out of his emotions, he got carried away and, he posted the aforesaid objectionable contents on his face-book account; the accused-applicant has filed his own affidavit dated 09.12.2020 in which he has expressed his regret and, tendered unconditional apology, para-3 of which reads as under:-
"That the applicant is regretting the post and tendering unconditional apology and also undertakes that in future he will not post any objectionable material or indulge in any such activities as alleged in the F.I.R. of the present case."
4. Considering the regret expressed by the accused-applicant, unconditional apology tendered by him, his undertaking that in future he will not post any objectionable material on his social media account and indulge in such activities, his age and long incarceration since 16.08.2020 and, without commenting any further upon merit of the case, I find it to be a fit case for grant of bail with some financial burden.
5. Let applicant-Imran @ Kareem Ullah, accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-
(i-) the applicant(s) shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(ii). the applicant(s) shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) the applicant(s) shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.1.2021
MVS/-
