No Harm To Society: Allahabad High Court Grants Bail To Man Questioning Govt. Over Recent Pahalgam Attack On Social Media

The Allahabad High Court has granted bail to a person booked for posting a social media post questioning government over the recent pahalgam terror attack observing that he is not a harm to the society.

The Court was considering a Bail Application filed by one Azaz Ahmad in a Case registered for offences under under Sections 353(3), 152 Bharatiya Nyaya Sanhita.

The single bench of Justice Vikram D. Chauhan observed, "It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicant for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicant is granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence."

The Applicant was represented by Advocate Atul Pandey while the Respondent was represented by Government Advocate.

Counsel for the Applicant had submitted that as per allegation in the First Information Report, it was alleged that the Applicant has uttered some incorrect words on the social media, which were against the government action and that at the best, offence under Section 353 of BNS would be made out which is below seven years and no offence under Section 152 BNS would be be made out as criticizing the government by itself cannot be treated as against the country.

With regard to the criminal antecedents of the Applicant, the Court referred to Supreme Court's decision in Ash Mohammad Vs. Shiv Raj Singh, (2012) wherein it was stressed that it is not the case that history-sheeters are never entitled to bail and B Prabhakar Tewari Vs. State of U.P. and another, 2020 wherein it was observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail.

The Application was accordingly allowed.

Cause Title: Azaz Ahmad vs. State of U.P. and Another

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