Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Pics Of PM Narendra Modi On FB

The Allahabad High Court last week granted bail to a man who has been accused of posting objectionable pictures of the Prime Minister of India Narendra Modi on Facebook and WhatsApp which allegedly enraged the public at large.

The Bench of Justice Krishan Pahal granted him bail keeping in view the nature of the offence, evidence on record regarding the complicity of the accused, larger mandate of Article 21 of the Constitution of India.

The case in brief

Essentially, the prosecution has alleged that the applicant, Chhangur Yadav enraged and hurt the sentiments of the public at large by posting objectionable pictures of the Prime Minister of India and therefore, he was booked under Sections 500, 501, 505, 419, 420, 468 IPC and Section 66D of Information Technology Act.

It was further submitted that the 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 argued, the applicant does not deserve any indulgence.

On the other hand, the counsel for the applicant submitted that he had been falsely implicated in the present case and that the applicant has nothing to do with the said offence and that there is no criminal history of the applicant.

Lastly, it was argued that the applicant is languishing in jail since October 9, 2021, and he deserves to be released on bail and that if he is released on bail, he would not misuse the liberty of bail and shall cooperate with the trial.

Several other submissions were also made in order to demonstrate the falsity of the allegations made against the applicant. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length.

Having heard the arguments of both the parties, the Court, without expressing any opinion on the merits of the case, opined that the applicant had made out a case for bail and therefore, the bail application was allowed.

Case title - Chhangur Yadav v. State of U.P.
Case Citation: 2022 LiveLaw (AB) 49

Click Here to read/download the order