The Allahabad High Court has allowed the bail application of Sujeet Sharma accused of making a video abusing the UP Chief Minister Yogi Adityanath, and sharing the same on WhatsApp.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Sujeet Sharma.
By means of the bail application the applicant has prayed to be enlarged on bail in Case at Police Station- Patherwa, District- Kushinagar under Sections 504, 506, 386 IPC, Section 66 Information Technology Act and Section 3/25 Arms Act.
The applicant has been in jail since 21.10.2022. The bail application of the applicant was rejected by the trial court on 21.12.2022.
The following arguments made by Shamasul Eslam, counsel assisted by Ashwani Kumar, counsel on behalf of the applicant, which could not be satisfactorily refuted by AGA from the record, entitle the applicant for grant of bail:
(1) The applicant holds constitutional dignitaries in highest regard.
(2) The applicant did not have any intent of insulting high constitutional dignitaries.
(3) The applicant was induced into drinking by the co-accused persons and may have blurted out some objectionable words under the influence of liquor.
(4) The video was captured and circulated without knowledge and consent of the applicant.
(5) Prosecution evidence does not connect the applicant with the offence.
(6) The applicant does not have any criminal history apart from the instant case.
(7) The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the Court allowed the bail application.
The Court ordered that,
Let the applicant- Sujeet Sharma be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.