Read Order: Mohd Afaaq Kuraisi vs. State of UP 

Pankaj Bajpai

Prayagraj, October 26, 2021: The Allahabad High Court has recently granted bail to Mohd Afaaq Kuraisi (applicant) in relation to the offence of posting objectionable photographs of the Prime Minister on a Watsapp group, keeping in view the unconditional apology tendered by him and that he does not have any criminal history. 

The Bench of Justice Mohd. Faiz Alam Khan said that that the Prime Minister of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country and it is the bounden duty of every citizen of this country to respect all the Constitutional dignitaries including the President and Prime Minister of this great nation. 

The observation came pursuant to an application moved for grant of bail from offences u/s 295-A, 505(2) of IPC & Sec. 66 of Information and Technology (Amendment Act), 2008, during pendency of trial.

The counsel for the accused-applicant submitted that the accused-applicant had been falsely implicated in the instant case and he had not committed any offence as claimed by the prosecution and it appeared that the mobile phone of the applicant, who is aged about 60 years, had been misused by some miscreants in order to get him implicated falsely.

It was further submitted that there was no logic for the accused to post objectionable photograph in the Whatsapp Group which was created by none other than the Station House Officer (SHO) of the concerned local police station. 

Also, the counsel contended that the applicant from the core of his heart respects all Constitutional Authorities of this nation and therefore, he could not even imagine to have made any objectionable post or photograph. 

Opposing the same, the counsel for the State vehemently contended that the applicant had insulted the Prime Minister of this country by making an objectionable photograph of him and having regard the gravity of the matter, he would not be entitled to be released on bail. 

After considering the pleadings, the High Court said that there cannot not be any doubt that the digital revolution had also brought with it technology which is used for useful purpose as well as misused by the miscreants. 

The applicant in its application for bail has categorically stated that he is ashamed of the illegal act because the objectionable photograph has been posted from his mobile phone by some miscreant and he was not at all instrumental in either preparing the photograph or in circulating the same in any Whatsapp Group which has been created by none other than the Station House Officer of the concerned local police station and it itself shows that the mobile phone of the applicant has been misused by some other person”, observed the High Court. 

Accordingly, Justice Alam Khan granted bail to the applicant on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to conditions, that the applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

Justice Alam Khan also directed that the applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

At the same time, the applicant shall file an undertaking before the trial Court that he, in future, shall not post any illegal content or photograph by any of the medium of social media, including Whats app, added Justice Khan. 

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