The Allahabad High Court recently comprising of a bench of Justice Deepak Verma allowed bail to Mohd Saif Ali, who was accused of posting offensive tweets on the modesty of Hindu women. (Mohd. Saif Ali v. State of U.P)
Facts of the case
The instant bail application was filed with a prayer to release the applicant on bail in Case Crime No.126 of 2022, registered under Sections 153-A, 295-A, 505(2), 509, 420 I.P.C. and Section 66 of I.T. Act, 2000, Police Station Charva, District Kaushambi during pendency of the trial.
Contention of the Parties
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives. Allegation in the FIR is that the applicant has tweeted offensive language against the modesty of the women.
He contended that the applicant had tweeted in reply to some very offensive and instigating tweets which were tweeted against a particular community. He next submitted that the applicant had not made aforementioned tweet intentionally to hurt any community. Applicant has not tweeted against any particular community or religion, hence, Section 153-A I.P.C. is not made out. Applicant has no previous criminal history. The applicant is languishing in jail since 06.06.2022. In case, the applicant is released 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 and order
The bench at the very outset 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 the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed."
The bench observed, "Let the applicant, Mohd. Saif Ali, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to thesatisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail."
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