Allahabad High Court grants bail to man accused of abusing Lord Rama on Facebook

The Allahabad High Court has granted bail to one Riyaz alias Ovaisi, who has been accused of abusing Lord Rama on Facebook.

A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Riyaz Alias Ovaisi.

The application has been filed seeking release of the applicant on bail in Case under Sections 153-A, 295-A, 505(2) I.P.C and Section 67 I.T Act, Police Station Sureri, District Jaunpur, during pendency of the trial in the court below.

As per allegation, applicant through his facebook messenger abused Lord Shri Ram.

Counsel for the applicant submitted that the applicant is innocent and he never through his facebook messenger abused Lord Shri Ram.

He further submitted that the applicant is a law abiding citizen of this country and he is having faith in Hindu religion although he is Muslim.

He also submitted that actually his friend used his facebook account.

He said that even when this fact was revealed to the applicant then he tendered unconditional apology before the police station.

He further said that the secular fabric of this country is not so weak, which can be disturbed by such type of fake messages.

He also said that the applicant does not have any criminal history to his credit and he has been in jail in the matter since 28.01.2024.

Per contra, A.G.A opposed the prayer for grant of bail but could not dispute the fact that the applicant is not having any criminal history to his credit and he is in jail in the matter since 28.01.2024.

"However, from the record, it reflects that as per facebook messenger account of the applicant, an abusive message was sent insulting Lord Shri Ram but it appears that applicant is not having any criminal history to his credit and he is in jail in the matter since 28.01.2024.

Further, all the alleged offences are punishable with a maximum punishment of three years.

Therefore, considering the facts and circumstances of the case discussed above, in my view, the applicant is entitled to be released on bail", the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant- Riyaz Alias Ovaisi, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and antisocial activity.

In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before the Court for cancellation of the bail of the applicant.