The Lucknow Bench of the Allahabad High Court today granted bail to journalist Prashant Kanojia, who will be released from custody tomorrow..In its order, the High Court noted that Kanojia had no previous criminal history..Justice Attau Rahman Masoodi added,."The accused applicant, however, has assured that he shall not indulge in the act of posting tweets which may hurt the sentiments of the public at large or any specific group. The applicant also undertakes to act as a law abiding citizen."Allahabad High Court.Appearing for Kanojia, Advocate Surangama Sharma submitted before the Court that the charge sheet in the case had already been filed and there was no possibility of the applicant tampering with the evidence or influencing the investigation in any manner..Although the government counsel opposed the prayer for bail, the submission as regards the quantum of punishment or entitlement of Kanojia to be released on bail could not be disputed on any tangible ground, the Court held..Having made these observations, the High Court released Kanojia on bail with the direction to furnish a personal bond with two sureties. The other conditions are:The applicant shall file undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law..Kanojia was picked up by the Uttar Pradesh Police from his Delhi house in August for allegedly posting a morphed tweet related to the Ram Mandir in Ayodhya..An FIR was registered at the Hazratganj Police station alleging that Kanojia had tweeted a morphed photo of a social media post made by Hindu Army leader Sushil Tiwari to promote enmity between two or more communities..During the last hearing, the High Court had granted four weeks' time to the state government to file its reply in the bail plea moved by the journalist..Kanojia was granted bail by the Supreme Court last year after he was arrested by the Uttar Pradesh Police for tweets against Chief Minister Yogi Adityanath.Breaking: Fundamental Rights under Articles 19, 21 non-negotiable, Supreme Court grants bail to Prashant Kanojia.Read the Order here.
The Lucknow Bench of the Allahabad High Court today granted bail to journalist Prashant Kanojia, who will be released from custody tomorrow..In its order, the High Court noted that Kanojia had no previous criminal history..Justice Attau Rahman Masoodi added,."The accused applicant, however, has assured that he shall not indulge in the act of posting tweets which may hurt the sentiments of the public at large or any specific group. The applicant also undertakes to act as a law abiding citizen."Allahabad High Court.Appearing for Kanojia, Advocate Surangama Sharma submitted before the Court that the charge sheet in the case had already been filed and there was no possibility of the applicant tampering with the evidence or influencing the investigation in any manner..Although the government counsel opposed the prayer for bail, the submission as regards the quantum of punishment or entitlement of Kanojia to be released on bail could not be disputed on any tangible ground, the Court held..Having made these observations, the High Court released Kanojia on bail with the direction to furnish a personal bond with two sureties. The other conditions are:The applicant shall file undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law..Kanojia was picked up by the Uttar Pradesh Police from his Delhi house in August for allegedly posting a morphed tweet related to the Ram Mandir in Ayodhya..An FIR was registered at the Hazratganj Police station alleging that Kanojia had tweeted a morphed photo of a social media post made by Hindu Army leader Sushil Tiwari to promote enmity between two or more communities..During the last hearing, the High Court had granted four weeks' time to the state government to file its reply in the bail plea moved by the journalist..Kanojia was granted bail by the Supreme Court last year after he was arrested by the Uttar Pradesh Police for tweets against Chief Minister Yogi Adityanath.Breaking: Fundamental Rights under Articles 19, 21 non-negotiable, Supreme Court grants bail to Prashant Kanojia.Read the Order here.
