(B), and 506 Indian Penal Code and 67 Information Technology Act.){kind=link}
The Allahabad High Court recently granted bail to a truck driver, who allegedly sent a WhatsApp message threatening to kill Uttar Pradesh Chief Minister Yogi Adityanath, if gangster Mukhtar Ansari was not released in a day.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a bail application filed by Amar Pal Yadav.
The applicant seeks bail in Crime/FIR No.0280 of 2020, under Sections 124A, 501, 504, 505(1)(B), and 506 IPC and 67 Information Technology Act, lodged at Police Station Hazratganj, District Lucknow.
The allegation against the applicant is that he sent a WhatsApp message to a UP-112 Helpline number from his mobile number making an indecent comment against the Chief Minister and, also threatening that if gangster Mukhtar Ansari was not released within 24 hours, he would kill the Chief Minister.
The advocate for the accused submitted that the accused is a truck driver and, he has no concern with Mukhtar Ansari or any other criminal; some person, present at the dhaba, where the accused was having his meal, took his mobile on the pretext of making a call, however, and sent WhatsApp message and, thereafter returned mobile of the accused, the accused only realized that such a message had been sent when the police arrested him.
The accused has been languishing in jail since September 25, 2020, he has no other criminal history; an affidavit of the accused has been submitted from the jail in which he has specifically stated that he did not send any SMS; he is a law-abiding citizen; he holds the Chief Minister in high esteem and, will always abide by the law and regrets for such message being sent from his mobile.
“The fact that he has in unequivocal terms has apologized for his phone being misused and, showed his respect and esteem to the Chief Minister, I find it to be a fit case for grant of bail,” the Court said.
“Amar Pal Yadav, the 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,” the Court ordered.