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Allahabad High Court grants bail to Muslim man jailed for his tweets

The Allahabad High Court has allowed bail to Mohd Saif Ali, who is accused of posting offensive tweets on the modesty of Hindu women.

A single-judge bench of Justice Deepak Verma passed this order while hearing a Criminal Misc Bail Application filed by Mohd Saif Ali.

The bail application has been filed with a prayer to release the applicant on bail in the Case registered under Sections 153-A, 295-A, 505(2), 509, 420 IPC and Section 66 of IT Act, 2000, Police Station Charva, District Kaushambi during pendency of the trial.

The counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case due to ulterior motives.

The allegation in the FIR is that the applicant has tweeted offensive language on the modesty of women. He contended that the applicant had tweeted in reply to some very offensive and instigating tweets against a particular community.

He next submitted that the applicant had not made aforementioned tweet intentionally to hurt any community.

The applicant has not tweeted against any particular community or religion, hence, Section 153-A IPC is not made out. Applicant has no previous criminal history. The applicant has been languishing in jail since 06.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

Additional Government Advocate has opposed the bail prayer of the applicant.

“Considering the entire facts and circumstances of the case, submissions of the counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs State of U.P and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the Bail Application.

The Court ordered,

Let the applicant, Mohd Saif Ali, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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