Allahabad High Court Grants Bail To Man Accused Of Posting Pakistan's Flag, Writing 'I Love You Pakistan' On FB

The Allahabad High Court recently granted bail to a man who has been booked under Sedition Charges (Sedition 124-A IPC) as he allegedly supported and posted Flag of Pakistan on his Facebook I.D. and thereby tried to create any social disturbance in the country.

Having heard the counsel of the petitioner/Mohammad Niyaz, the Bench of Justice Om Prakash Tripathi, without expressing any view on the merits of the case, was of the opinion that it was a fit case for bail, hence, the bail application was allowed.

As per the FIR, Niyaz wrote I Love You Pakistan, I miss you Pakistan on his Facebook account and further made Pakistans flag as his Facebook cover photo. The FIR was lodged by one Puneet Kumar Shakya alleging that Niyaz, through his anti-national post, had hurt the sentiments of the people of India.

On the other hand, the Counsel for the Applicant argued that he is a labor class person and he never tried to create any social disturbance in the country. It was further submitted that the applicant shall not indulge in such type of anti-national activity. There is no criminal antecedent of the applicant and he undertook that he would not misuse the liberty of bail.

It was also told to the Court that the applicant is in custody since October 27, 2021. However, the Government Counsel opposed the prayer for bail but could not dispute the submission made by counsel for the applicant.

In view of this, the Court granted him bail by observing thus:

"Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed."

Case title - Mohammad Niyaz v. State of U.P.
Case Citation:2022 LiveLaw (AB) 95

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