A bail was granted to a person who was accused of posting objectionable images of PM Narendra Modi on a WhatsApp group. The bail was granted by Allahabad High Court.
The applicant, Mohd. Afaaq Kuraisi’s was charged under Sections 295-A, 5050(2) of Indian Penal Code and Section 66 of Information and Technology of 2008.
For granting a bail, the court put forth the following conditions:-
1.During the investigation or trial, the applicant shall not tamper with the prosecution evidence by intimidating or pressuring witnesses.
2.The applicant must actively participate in the trial without seeking an adjournment.
3.After being granted bail, the applicant is not permitted to engage in any criminal activity or commit any crime.
4.The applicant must file an undertaking with the trial Court that he will not post any illegal content or photographs on any social media platform, including WhatsApp, in the future.
The counsel for accused said that the the accused was falsely implicated in the case and he has not committed any offence 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 was further submitted that the accused had intentionally committed such an illegal act, there was no logic in doing so.
On the other hand, the counsel representing the State opposed the prayer of bail on the ground that the accused has insulted the Prime Minister.
As the accused was not at all instrumental in posting those picture on the WhatsApp group created by the Station House Officer, the court granted him bail.