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The Allahabad High Court last week granted bail to a man languishing in jail since October last year for allegedly posting objectionable pictures of the country's Prime Minister, Narendra Modi on Facebook and WhatsApp which had enraged the sentiments of the public at large.
The Bench of Justice Krishan Pahal decided to release one Chhangur Yadav on bail considering the nature of the offence, evidence on record regarding his complicity, and larger mandate of Article 21 of the Constitution of India.
It was alleged that Yadav's act had enraged and hurt the sentiments of the public at large for which he was booked under Sections 500, 501, 505, 419, 420, 468 of the Indian Penal Code and Section 66D of Information Technology Act by the Varanasi (Uttar Pradesh) Police.
During the hearing, the State counsel had objected to Yadav's bail petition, stating that Prime Minister is the face of the nation before the public at large and saying anything derogatory to him is doing the same to the country. Therefore, the Government counsel had argued that Yadav did not deserve any indulgence.
On the other hand, Yadav's counsel had submitted that he had been falsely implicated in the present case and that Yadav had nothing to do with the said offence. He had also pressed that there was no criminal history of Yadav as well.
Yadav's counsel had also assured the court that if Yadav is released on bail, he would not misuse the liberty of bail and shall cooperate with the trial.
Considering the arguments of both the parties, the court concluded in favor of Yadav's release on bail, however, court asked him to file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court.
Court said that in case of default of this condition, it shall be open for the Trial Court to treat it as an abuse of liberty of bail and pass orders in accordance with the law. Court imposed a few other conditions as well.
Case Title: Chhangur Yadav v. State of U.P.
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