Allahabad High Court Grants Bail To Man Who Allegedly Threatened To Kill PM Narendra Modi, UP CM Yogi Adityanath

The Allahabad High Court last week granted bail to a man named Salman @ Arman Chaudhary who allegedly called on the emergency services number of Uttar Pradesh Police and threatened to kill Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath.

Allegedly, the bail applicant had stated on the call that on account of their (PM and CM) public statements, he wanted to kill them and go to jail. Based upon the said averments, an investigation was carried out, and the mobile number allegedly used was recovered from the applicant.

Thereafter, a case was registered under Section 506 (Punishment for criminal intimidation), 507 (Criminal intimidation by an anonymous communication), 505(1)(b) IPC [Statements conducing to public mischief], and Section 66 of I.T. Act. 

Noting that an offence can be said to be made out against the applicant under Sections 506 & 507 IPC, the bench of Justice Pankaj Bhatia granted him bail in view of the fact that he is in jail since August 31, 2021, and there is nothing on record to demonstrate that if enlarged on bail, he would adversely affect the trial.

Before the Court, the counsel for the applicant argued that as per the allegations contained in the FIR, an offence under Sections 506 & 507 was made out, however, since the same was triable by Magistrate and is a bailable offence, he be granted bail.

It was also contended that no offence from the allegations contained in the FIR could be said to be made out under Section 505 IPC and Section 66 of IT Act.

On the other hand, the AGA had argued that the nature of the offence committed by the applicant threatens the fabric of society and since he threatened the elected representative of the country, he should be heavily punished.

However, the AGA could not deny the fact that the offences under Sections 506 & 507 IPC are bailable offences.

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

"Considering the fact that prima-facie from the FIR in question, an offence can be said to be made out against the applicant under Sections 506 & 507 IPC, both of them being bailable in nature, coupled with the fact that the applicant is in jail since 31.08.2021 and there is nothing on record to demonstrate that the applicant, if enlarged on bail, would adversely affect the trial, the applicant is entitled to be enlarged on bail."

Case title - Salman @ Arman Chaudhary v. State of U.P

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