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The Allahabad High Court on Wednesday granted bail to a man accused of posting slanderous remarks for the country on his Facebook wall. In his bail plea, accused Sheebu Chowdhary@Mohd. Sheebu had argued that his Facebook ID was hacked to falsely rope him.
Before the bench of Justice Rajesh Singh Chauhan, Chowdhary's counsel had said that though Chowdhary is an activist but he has got utmost faith and respect towards the country as well as towards other religions.
He had submitted that Chowdhary had never posted such slanderous remarks on his Facebook I.D. or Wall for which he was being prosecuted and his Facebook ID was hacked by some unknown Facebook users having oblique motive to falsely rope in the case.
He had also informed the court that as soon as Chowdhary came to know about such Facebook content, he at once removed it from his Facebook ID.
In addition to this, Chowdhary's counsel had also presented one photograph of Chowdhary carrying the Indian flag in his hand. He had argued that this picture depicts that Chowdhary has respect for the Flag of the country.
Further, stressing that except Section 124-A IPC (sedition), all other sections imposed on Chowdhary are having punishment less than three years, on behalf of Chowdhary, he had submitted that for Chowdhary nothing is above the country, be it religion or anything. "As per him, country is first and anything is subsequent," he had told the court.
He had also forwarded an undertaking on behalf of Chowdhary that if he is released on bail, he shall abide by all the terms and conditions of the bail order and shall not misuse the liberty of bail and shall cooperate with the trial proceedings. He had added, "if the present applicant (Chowdhary) is found in any incident showing disrespect to the law of the land or disrespect of the country or is found to involve criticizing other religion, his bail application may be rejected at that point of time at once."
Furthermore, he had pleaded for Chowdhary's release stating in the case, the charge sheet has already been filed and there is no apprehension of absconding or fleeing away or tampering the witnesses or evidence.
Therefore, considering the undertaking given by Chowdhary's counsel on his behalf, sections under which Chowdhary was charge-sheeted and the fact that charge sheet had already been filed, Court opined that Chowdhary may be enlarged on bail.
Court granted Chowdhary bail on him furnishing a personal bond of rupees one lakh and two sureties of rupees fifty thousand each to the satisfaction of the court concerned.
Chowdhary was in jail since August last year and was booked under Sections 153A (Promoting enmity between different groups on grounds of religion, race), 505 (2) (Statements conducing to public mischief), 294 (Obscene acts and songs), 124A (Sedition), 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 298 ( Uttering, words, etc., with deliberate intent to wound the religious feelings of any person), 354 (Ka) of Indian Penal Code and Section 7 CLA Act and Section 67 of the Information Technology Act.
Case Title: Sheebu Chowdhary Alias Mohd. Sheebu v. State Of U.P.
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