High Court Allahabad HC grants bail to man arrested for forwarding...

Allahabad HC grants bail to man arrested for forwarding objectionable message regarding French President

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Allahabad, Mar 22 (ILNS) The Allahabad High Court has granted bail to a man accused of forwarding an objectionable message regarding French President Emmanuel Macron, on a personal bond and two sureties of the like amount.

A Single Bench of Justice Justice Dinesh Kumar Singh passed this order, while hearing the bail application filed by Mohammed Naeem under Section 439 CrPC.

The applicant was charged under Sections 109, 153-A, 505(1) (b) 505(2) of IPC and 67 of the IT Act at Police Station Sarojini Nagar in Lucknow district. He had allegedly forwarded the objectionable message regarding the President of France and asked the people to display black flags as a mark of protest at their houses, shops and other establishments.

The Counsel for the applicant submitted that the applicant did not inscribe the message, but only forwarded it. He further submitted that the applicant tenders his unconditional apology for forwarding this message and undertakes that he will not indulge in any such activity in future.

On February 4, the Court had directed the Counsel for the applicant to file an affidavit of the applicant from jail regarding his unconditional apology, stating that he has firm belief in communal harmony and peace in the society and in Indian Constitution and the rule of Law.

“Considering the facts and circumstances of the case, the applicant has tendered apology and expressed regret for forwarding the message, in as much as the applicant has no criminal history and has been in jail since November 7, 2020. The arguments advanced by the Counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail,” the Court said.

The Court also put some conditions on the applicant:-

(i) The applicant 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 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 CrPC is issued and the applicant fails 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.

(iv) The applicant 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 CrPC. If in the opinion of the trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. ILNS/SNG/RJ

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