Allahabad High Court has granted bail to a person who is accused of making objectionable remarks against Uttar Pradesh Chief Minister Yogi Adityanath and other public representatives on the condition that the applicant-accused will not use social media till the conclusion of the trial or for 2 years, whichever is earlier.
The accused was booked u/s 120B, 419, 420 of IPC and Section 66D of the IT Act and was lodged in jail.
FIR states that the accused made objectionable remarks against the current UP CM
The allegation against the applicant-accused was that he made objectionable remarks against public representatives and the Chief Minister of UP.
The police registered an FIR in the case, and it was stated that the accused had falsely shown his status and had tried to obtain undue advantages.
Applicant states the police falsely implicated him.
Learned counsel for the accused/applicant argued that the accused was falsely implicated in the case by the police.
Accused has a criminal history:
The accused, in the instant case, has a history of eleven criminal cases and has been in jail since 12.05.2020.
Decision of the Allahabad High Court:-
After considering the evidence in the case, the material on record, the mandate of Article 21 of the Constitution and guidelines of the Supreme Court in Dataram Singh vs the State of UP, the Court held that the accused/applicant should be released on the following condition:-
- The applicant will not use social media for two years or till the conclusion of trial before the Hon’ble Trial Court, whichever is earlier
Title: Akhilanand Rao vs the State of UP
Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 36733 of 2020
Date of Order: 02.11.2020
Coram: Hon’ble Justice Siddharth