Allahabad HC Grants Bail To ‘Minor’ Accused Of Posting FB Comments Against Goddess Durga, Was In Jail Since Sep 2022
CASE TITLE: Vishwajeet vs. State Of U.P. Thru. Secy. Deptt. Of Home Lko 2023 LiveLaw (AB) 274 [CRIMINAL MISC. BAIL APPLICATION No. – 14479 of 2022]
DECIDED ON: 27.07.2023
CORAM: Hon’ble Subhash Vidyarthi,J.
INTRODUCTION
The Allahabad High Court recently granted bail to a juvenile who was charged with posting derogatory comments about Goddess Durga on his Facebook account.
FACTS
After examining his high school marks sheet and Aadhar card, which indicated his birth year as January 2006, Justice Subhash Vidyarthi directed his release on bail. The minor had been arrested in September 2022.
The minor, who was accused under Sections 298, 505(i)(c) of the Indian Penal Code (IPC), and Section 67 of the Information Technology Act, was taken into custody on September 27, 2022, based on allegations of posting offensive remarks about Goddess Durga on his Facebook account.
CASE ANALYSIS AND DECISION
His lawyer officially presented his High School Certificate and Marksheet, which explicitly indicated his birthdate as January 07, 2006.
“By examining the applicant’s Aadhar card and High School Marksheet, it is evident that the applicant is underage, and nonetheless, he has been detained in jail since September 27, 2022,” the Court commented as it approved his bail upon the submission of a personal bond and two sureties, each of equal value, by his legal guardian, satisfying the relevant Magistrate or Court.
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Click here to view the Judgement.
Written by- Mansi Malpani