The Allahabad High Court on Monday granted bail to a person accused of posting objectionable images of Prime Minister Narendra Modi on a WhatsApp group.
Justice Mohd. Faiz Alam Khan noted, “It is to be known to one and all that the Prime Minister of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country and it is the bounden duty of every citizen of this country to respect all the Constitutional dignitaries including the President and Prime Minister of this great nation.”
The bail application has been moved on behalf of the applicant /Mohd. Afaaq Kuraisi for grant of bail, accused under Sections 295-A, 505(2) I.P.C. & Sec. 66 of Information and Technology (Amendment Act), 2008, Police Station-Aminabad, District-Lucknow, during pendency of trial.
The bench ordered the applicant/Mohd. Afaaq Kuraisi involved in the case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall file an undertaking before the trial Court that he, in future, shall not post any illegal content or photograph by any of the medium of social media, including WhatsApp.
The counsel for accused-applicant submitted “the applicant has been falsely implicated in the case and he has not committed any offence as claimed by the prosecution and it appears that the mobile phone of the applicant, who is aged about 60 years, has been misused by some miscreants in order to get him implicated falsely,”
It is further submitted that had the applicant intentionally committed such an illegal act, there was no logic for him to post the objectionable photograph in the Whatsapp Group which was created by none other than the Station House Officer of the concerned local police station and it has been categorically stated by the applicant that he is a law abiding citizen and he is himself ashamed by the illegal act which has been performed by using his mobile phone by some person having enmity with him.
“The applicant is in jail in this matter since September 18, 2021 and he undertakes to cooperate in the investigation and will remain present before the Investigating Officer as and when required for the purpose of fair investigation and also before the trial Court for early disposal of the case,” the Counsel added further.
Per contra, counsel representing the State opposed the prayer for bail on the ground that the applicant has insulted the Prime Minister of this country by making an objectionable photograph of him and having regard the gravity of the matter, he is not entitled to be released on bail.
The Court observed, “The applicant in its application for bail has categorically stated that he is ashamed of the illegal act because the objectionable photograph has been posted from his mobile phone by some miscreant and he was not at all instrumental in either preparing the photograph or in circulating the same in any WhatsApp Group which has been created by none other than the Station House Officer of the concerned local police station and it itself shows that the mobile phone of the applicant has been misused by some other person.”