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An FIR had been filed against Hussain alleging that he had snatched the informant's phone and later the informant came to know that Hussain was misusing his phone to send bogus messages to officers
The Allahabad High Court recently granted bail to a man accused of sending bogus messages to officers in the State government and trying to damage Chief Minister Yogi Adityanath's image.
The bench of Justice Subhash Vidyarthi granted bail to Ibnul Hussain @ Babu on the grounds that although the incident was alleged to have taken place in January 2022, but the FIR was lodged in June, and the accused, who was only 22 years old, having no criminal history, was languishing in jail since July 2022.
The single judge bench took up the case on September 6, 2023, amid the strike by lawyers at the high court. Court noted in the order, "The advocates are abstaining from judicial work today. However, as the question of personal liberty of the applicant is involved in the present case, I proceed to examine the merits of the case after perusal of record and with the assistance of learned AGA."
The bail plea was filed seeking release of Hussain on bail in a case registered under Sections 392, 153-A, 295-A, 195, 506 IPC & Section 67-A of the I.T. Act at Police Station Malhipur, District Shrawasti.
The aforesaid case had been registered on the basis of an FIR lodged on 03.06.2022 alleging that there was a property dispute between the parties and when the informant was preparing a video in that regard, Hussain had snatched away his mobile phone on some day in January 2022 but the informant did not remember the date of the incident.
As per the FIR, the informant alleged that he came to know that the applicant was misusing his mobile phone and SIM card to send bogus messages to officers and was damaging the image of the Chief Minister of the State.
In the affidavit filed in support of the application, it was alleged that the accused was innocent, he had been falsely implicated in the present case and that he had no criminal history. It had further been stated that no mobile phone or SIM card had been recovered from Hussain.
Having considered the aforesaid facts and circumstances of the case, the single judge bench opined that Hussain was entitled to bail.
Accordingly, court directed Hussain to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned subject to certain conditions.
Case Title: Ibnul Hussain @ Babu v. State Of UP
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