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The Allahabad High Court last week granted bail to a man booked for sedition over his alleged support to the neighboring country Pakistan on his Facebook page. Allegedly, accused Mohammad Niyaz had put up the Flag of Pakistan as his Facebook page cover and had written 'I love you Pakistan, I miss you Pakistan' on his Facebook wall. 

The matter was heard before the bench of Justice Om Prakash Tripathi. As per the First Information Report, the informant in the case, one Puneet Kumar Shakya had seen Niyaz's these posts on October 25^th last year i.e. just a day after Pakistan's victory in the T20 Cricket World Cup match against India.

Shakya had alleged that Niyaz's these anti-national Facebook posts had hurt the sentiments of Indians and through these posts, Niyaz had attempted to disturb the social harmony. 

However, arguing for Niyaz's release on bail, his counsel Advocate Prashant Pandey had stated that Niyaz was innocent and he had been falsely implicated in the present case.

He had apprised the court that Niyaz is a labour class person who had no criminal antecedent. He had submitted that neither Niyaz had tried to create any social disturbance in the country nor he will indulge in such type of anti-national activity in the future.

Therefore, forwarding an undertaking on Niyaz's behalf, Adv. Pandey had urged the court to grant him bail. Niyaz was booked under section 124A of the Indian Penal Code (sedition) and was arrested on October 27, 2021. He was in custody since then. 

Upon hearing arguments of both the parties and after perusal of record, Court opined that though the Additional Government Advocated had opposed Niyaz's prayer for bail, he could not dispute the submission made by Niyaz's counsel.

Accordingly, considering the complicity of Niyaz, severity of punishment as well as the totality of facts and circumstances of the case, Court opined that at this stage it was a fit case for bail.

To be noted, the Uttar Pradesh Police had booked seven people across five districts over alleged involvement in the celebration of Pakistan’s victory after the said India-Pakistan T20 World Cup match. The state police had booked these persons over allegedly celebrating India’s defeat by raising pro-Pakistan and anti-national slogans and posting pro-Pakistan images/ status updates on WhatsApp and Facebook.

Case Title: Mohammad Niyaz v. State of U.P.