Allahabad High Court Grants Bail To Man Accused Of Tweeting Offensive Comments Against Hindu Women

The Allahabad High court has granted bail to one Mohd. Saif Ali, who has been accused of posting certain offensive tweets against the modesty of Hindu women. The Court observed that Said had made out a case of bail.

Essentially, the bench of Justice Deepak Verma ordered to release him bail in view of the entire facts and circumstances of the case, submissions of counsel for the parties and keeping in view the nature of offence, evidence, and complicity of the accused.

As per the FIR in the matter, accessed by Live Law, Saif has been accused of deliberately spreading religious frenzy against a particular community (Hindu) by making such comments against Hindu women on Twitter that were against the identity and modesty of women.

The FIR also alleged that the provocative comments made by the accused on the social media app, Twitter were conveying a wrong message in society. Pursuant to this, a case was registered against Saif under Sections 153-A, 295-A, 505(2), 509, 420 I.P.C., and Section 66 of I.T. Act, 2000. He was arrested in June 2022.

Now, he moved to the High Court seeking bail in the matter by arguing that he was innocent and had been falsely implicated in the present case due to an ulterior motive.

In response to the allegation made against him in the FIR, that he tweeted offensive language against the modesty of the women, his counsel Aftab Alam argued that the applicant had tweeted in reply to some very offensive and instigating tweets that were tweeted against a particular community.

It was next submitted that the applicant had not made the tweets in question intentionally to hurt any community and since, he had not tweeted against any particular community or religion, hence, Section 153-A I.P.C. was not made out.

Lastly, it was argued that since he has no previous criminal history and he is languishing in jail since 06.06.2022, therefore, he be released on bail and he shall not misuse the liberty of bail and cooperate in the trial.

"Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail," the Court remarked as it allowed the bail plea.

Case title - Mohd. Saif Ali v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 31532 of 2022]

Case Citation: 2022 LiveLaw (AB) 405

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