Allahabad HC Grants Bail To Man Accused Of Supporting 'Hamas' On 'X' And Opposing Indian Govt For Backing Israel

A bench of Justice Sameer Jain granted bail to accused Gosh Mohammad, is in jail in the present matter since October 2023, and all the alleged offences are triable by Magistrate-I Class with a maximum punishment of three years coupled with the fact that he does not have any criminal history to his name.

“However, as per allegation, on the twitter handle of the applicant, he supported the terrorist organization Hamas and also opposed the Government of India but it reflects that all the alleged offences are triable by Magistrate-I Class with maximum punishment of three years and applicant is not having any criminal history and he is in jail in the present matter since 20.10.2023 i.e. for last more than 10 months, therefore, in my view applicant is entitled to be released on bail,” the Court's order reads.

According to the allegations made against him, he made a post on 'X', wherein he supported 'Hamas' and showed his resentment against the Government of India for supporting Israel concerning the Israel–Hamas war.

He was booked in the FIR under Sections 505(2) IPC and 67 I.T. Act. According to the prosecution, tension arose in the village of Singhai, Murawan, due to his 'X' post.

Seeking bail in the case, he moved the HC, wherein his counsel argued that the allegation against him was false and that all the alleged offences were triable by Magistrate-I Class with a maximum punishment of three years.

On the other hand, while AGA opposed the prayer for bail, he could not dispute that all the alleged offences are triable by Magistrate-I Class with a maximum punishment of three years, and the applicant is in jail for more than ten months.

Appearances

Counsel for the Applicant: Anil Kumar Dubey, Chandra Bhan Dubey, Javed Raza

Counsel for Respondent: AGA Brijesh Pratap Singh

Case title - Gosh Mohammad vs. State of U.P. 2024 LiveLaw (AB) 565

Case citation: 2024 LiveLaw (AB) 565

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