Allahabad High Court grants interim bail to journalist who tweeted alleging election mismanagement by UP authorities

The Allahabad High Court has granted interim bail to a journalist who was booked for rioting and unlawful assembly after he had tweeted alleging election mismanagement by the authorities in Uttar Pradesh. .A single-judge Bench of Justice Rajeev Singh also granted interim bail to a relative of the journalist who was also apprehended by the Police. The Court noted that it was evident that mismanagement of the authorities was flashed on twitter by the applicant, who is a journalist and other applicant is related to him. "Keeping in view the reasons, as stated above as also the facts and circumstances of the case, it is evident that mismanagement of the authorities was flash on twitter by the applicant No.1 who is the journalist and other applicant is related to him, therefore, the applicants are entitled for interim bail. Till the next date of listing, in the event of arrest of the applicants, namely, Shiv Prasad @ Shiv Prasad Harijan and Ramdhari in the aforesaid case, they shall be released forthwith by the Station House Officer of the police station concerned, on their furnishing personal bond of Rs. 50,000," the Court ordered. .The incident was from April 19 when the applicant no. 1, a reporter working for a Hindi news paper "Pratap Kiran", was covering news relating to Gram Panchayat election at the village Utarsh. He reported the news about irregularity on the polling booth by the authorities and influential people through twitter handle. This, the applicants contended, irked the authorities and police who reached the spot and started beating the voters.The police raised "general allegation of firing by the villagers" leading to FIR against the villagers. FIR was also lodged against the two applicants "only due to annoyance that applicant No.1 was covering the news in relation to the election and mismanagement of the authorities," it was submitted. .The applicants were charged under Sections 147 (punishment for rioting ) , 148 (rioting with weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) , 395 (punishment for dacoity), 397 (robbery, or dacoity, with attempt to cause death or grievous hurt) , 332 (voluntarily causing hurt to deter public servant from his duty ) , 353 (assault or criminal force to deter public servant from discharge of his duty) , 504 (intentional insult with intent to provoke breach of the peace) , 506 (punishment for criminal intimidation), 427(mischief causing damage to the amount of fifty rupees), 336 (act endangering life or personal safety of others), 307 (attempt to murder) , 34 (common intention) of the Indian Penal Code and Section 7 Criminal Law Amendment Act and Section 131, 132 (3), 135 (A) Peoples Representation Act..The Additional Government Advocate opposed the prayer of applicants and submitted that as per the FIR and instructions, the villagers along with the applicants tried to "destroy the ballot box and firing was also done by the villagers.".After taking into consideration the facts and materials placed on record, the court granted bail both the journalist and his relative. The matter will be heard next on July 1 when the bail application will be decided finally. "In the meantime, learned A.G.A. may file counter affidavit," the court added..[Read Order]