Gauhati HC Denies Bail To Accused Who Allegedly Posted Derogatory Photo Of Prime Minister In Facebook [Read Order]

The Gauhati High Court has dismissed a bail application filed by a person accused of posting an obscene photo of the Prime Minister of India in his Facebook wall.

Md. Karim Khan was arrested after a case was registered against him under Sections 294/500 of the Indian Penal Code with Section 67-A of the Information Technology Act. He approached the High court seeking bail on the ground that he is in custody for 48 days. The counsel who appeared for the accused, submitted that the accused is illiterate and  denied his involvement in the alleged offence.

Objecting to this plea, the prosecution submitted that he is accused of a publication of most degraded post in electronic form in his facebook account against the Prime Minister of India Narendra Modi and investigation is yet to be completed.

Perusing the case diary, Justice Ajit Borthakur observed:

"Prima facie, the accused, through his social networking facebook account, posted most degraded electronic form of post against the Prime Minister of India, subject, of course, to further investigation into the various other material aspects of the whole matter."

The court then dismissed the plea observing that, if liberty of bail is granted at the present stage of investigation, further investigation is likely to be impaired. 

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