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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20283 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged by the Sub Inspector of Police against the applicant with the allegation that a twitter post of Jagrukta Abhiyan has been made viral on social media platform, i.e., X(twitter). In the said post it was found that the applicant has put a status on his whatsapp number supporting to Pakistan. In that status there is video in which a women is seen while making objectionable remarks against India while supporting Pakistan and this anti India post uploaded by the applicant amounts to an heinous offence of sedition. Learned counsel further submits that the Investigating Officer in his statement has alleged that the applicant has posted anti India post on his whatsapp status with an intent to endangering the sovereignty, unity and integrity of the country. Learned counsel has drawn attention of the Court to the part of case diary (C.D.-3), in which the Investigating Officer states that during investigation he found that in the alleged whatsapp status one woman in whose background one side flag of Pakistan is made and another side a coloured sketched photograph of former Prime Minsiter-Imran Khan is made. The words of that woman are, 'we are not afraid of them, we remember only one word of our Khan Sahab that we should not be afraid and India is dreaming of fighting a war with them, with that community which has been awakened by Imran Khan'. Learned counsel further submits that from the statement of the Investigating Officer it appears that during investigation he found no any whisper at all in those words of the alleged status which may be found to be objectionable and is against the sovereignty, unity and integrity of the country.
Though the mobile phone of the applicant was recovered by the police from the possession of applicant, but such recovery is false and implanted one as there is no independent witness of the same and Versus Counsel for Applicant(s) : Hemant Kumar, Srijan Pandey Counsel for Opposite Party(s) : G.A. Farhaan .....Applicant(s) State of U.P. .....Opposite Party(s)
moreover, nothing incriminating material has been recovered from the aforesaid recovered mobile phone which connects the applicant with the present crime, if any. The applicant has not made any comment against the country on any social media platform. The applicant has neither committed any offence of sedition nor he has committed any offence of promoting enmity between the different religions and communities. Neither he has posted anything controversial, nor he has made any controversial post viral, but the police on the basis of a post on X-twitter account, i.e., Jagrukta Abhiyan, has implicated the applicant in the present case with false and frivolous allegations and with ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 15.05.2025, with no previous criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the allegations made against the applicant are very serious, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5.
Let the applicant-Farhan, be enlarged on bail in Case Crime No. 280 of 2025, under Sections 196, 353(1)(b), 353(1)(c), 152 of B.N.S., Police Station- Badaut, District- Baghpat, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. BAIL No. 20283 of 2025 2
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 16, 2025 Mustaqeem. BAIL No. 20283 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad