Patna High Court Grants Bail To Student For Allegedly Posting 'Objectionable' Facebook Pics Of Hindu God, Goddess After 10 Months In Custody

Patna High Court recently granted bail to a student who allegedly shared some objectionable Facebook photograps of Hindu God and Goddess and who remained in custody for over 10 months.

The Bench of Justice Anil Kumar Sinha, granted bail to student Jawed Akhtar after noting that he had been in custody since August 9, 2020 and had no criminal antecedents.

He was charged under section 153 (A), (promoting enmity between different groups on grounds of religion, race, place of birth, residence), Section 294 (obscene acts and songs) of the Indian Penal Code, 1860 and Section 67 (publishing or transmitting obscene material in electronic form) and Section 67(A) (punishment for publishing or transmitting of material containing sexually explicit acts) of the Information Technology Act.

His counsel submitted that he had not committed any offence in the manner alleged and there was no intention of the petitioner to hurt the religious feelings of other communities.

The Counsel further submitted that from a perusal of the First Information Report it was evident that the petitioner had shared the post of one Reehan Khan and that post in question was not originated from the Facebook account of the petitioner.

It was also submitted that he is 20 years old young boy and is a student and that Section 294 Indian Penal Code, Sections 67 and 67(A) of I.T. Act are bailable offences and from a perusal of the allegation against the petitioner, it appeared that Section 153(A) was not attracted.

The Court, having noted the fact that the petitioner is a student and charge sheet had already been submitted in the matter, granted him regular bail.

Accordingly, he was directed to be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned court.

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