Allahabad High Court grants bail to man accused of posting objectionable pictures of PM Modi on social media

The Allahabad High Court has granted bail to man who allegedly posted objectionable pictures of Prime Minister Narendra Modi on social media platforms [Chhangur Yadav v. State of UP]..Single judge Justice Krishan Pahal granted bail to Chhangur Yadav keeping in view the nature of the offence, evidence on record regarding the complicity of the accused and "larger mandate of Article 21 of the Constitution of India.""Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed," the Court ordered.It was alleged by the prosecution that one Chhangur Yadav the applicant had posted objectionable pictures of the Prime Minister on Facebook and WhatsApp.Yadav was charged for offences under Sections 500 (defamation), 501 (printing or engraving matter known to be defamatory), 505 (statements conducing to public mischief), 419 (punishment for cheating by personation), 420 (cheating and dishonestly inducing delivery of property) and 468 (forgery for purpose of cheating) of Indian Penal Code and section 66D of Information Technology Act..The counsel for petitioner submitted that he was been falsely implicated in the present case and has nothing to do with the said offence.It was further submitted that there was no criminal history of the applicant and he was languishing in jail since October 9, 2021 and he deserves to be released on bail.Additional Government Advocate, Vibhav Anand Singh opposed the bail plea, submitting that the applicant has enraged and hurt the sentiments of public at large by posting objectionable pictures of the Prime Minister.Further, it was argued that the Prime Minister is the face of the nation before the public at large and saying anything derogatory to him is doing the same to the country, therefore, the applicant does not deserve any indulgence..The Court, however, granted bail to Yadav subject to conditions and sureties. "Let the applicant- Chhangur Yadav, who is involved in the aforementioned case crime number 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 be verified.".[Read Order]