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Court took note of the date of birth of the accused which was January 2006.
The Allahabad High Court recently granted bail to a minor accused of posting comments against a Hindu goddess on his Facebook account.
The bench of Justice Subhash Vidyarthi noted that though the accused was minor, he was languishing in jail since September 27, 2022.
The court was dealing with the bail application filed by the accused namely Vishwajeet. He sought bail in case registered under Sections 298, 505(i)(c) of the Indian Penal Code, and Section 67, Information Technology Act.
According to Section 298 of the Indian Penal Code, deliberately offending someone's religious sentiments through words, sounds, gestures, or objects can result in a maximum penalty of one year's imprisonment, a fine, or both.
Whereas Section 505(i)(c) of IPC provides that if a statement creating or promoting enmity, hatred or ill will between classes is made in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, it shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
The First Information Report (FIR) in the case had been lodged on September 27, 2022 where the accused had been named for posting comments against a Goddess on his Facebook account.
The allegations were that the accused had outraged the religious feelings of Hindu community.
Along with the bail application, the accused filed a supplementary affidavit in which a photocopy of his High School Certificate-cum-Marksheet was attached. In the affidavit, the date of birth of the accused was mentioned as January 7, 2006.
A copy of the Aadhaar Card of the accused was also attached mentioning the same date of birth.
Taking note of the minor's date of birth, the single-judge bench held that the accused was clearly a minor. Therefore, court allowed him bail on submission of a personal bond and two sureties, each in the like amount, by his guardian, to the satisfaction of the Magistrate/Court concerned.
Case Title: Vishwajeet v. State of UP
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