The Allahabad High Court has allowed the bail application of Gosh Mohammad accused of supporting the terrorist organization Hamas on his twitter handle.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail application filed by Gosh Mohammad.
The application has been filed seeking release of the applicant on bail in Case under Sections 505(2) IPC and 67 I.T Act, Police Station- Bhuta, DistrictBareilly, during pendency of the trial in the court below.
Counsel for the applicant submitted that as per allegation, on his twitter handle, applicant supported the terrorist organization Hamas and shown his resentment against Government of India for supporting the Israel and on this allegation, as per prosecution, tension arose in the village Singhai, Murawan but entire allegation made against the applicant is totally false.
He further submitted that even all the alleged offences are triable by Magistrate-I Class with maximum punishment of three years.
He also submitted that the applicant does not have any criminal history and he has been in jail in the matter since 20.10.2023 i.e for more than 10 months.
Per contra, AGA however, opposed the prayer for bail but could not dispute the fact that all the alleged offences are triable by Magistrate-I Class with maximum punishment of three years and applicant is in jail for more than 10 months.
“However, as per allegation, on the twitter handle of the applicant, he supported the terrorist organization Hamas and also opposed the Government of India but it reflects that all the alleged offences are triable by Magistrate-I Class with maximum punishment of three years and applicant is not having any criminal history and he is in jail in the matter since 20.10.2023 i.e for last more than 10 months, therefore, in my view applicant is entitled to be released on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Gosh Mohammad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before the Court for cancellation of the bail of the applicant.
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