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Granting bail to one Mohd. Afaaq Kuraisi booked for posting an objectionable image of Prime Minister Narendra Modi on a WhatsApp group, the Allahabad High Court on Monday said that, "It is the bounden duty of every citizen of the country to respect all the Constitutional dignitaries including the President and Prime Minster of 'this great nation'."

The single judge bench comprising Justice Mohd. Faiz Alam Khan observed, “it is to be known to one and all that the Prime Minster of this country or any constitutional dignitary could not be confined".

Highlighting that Kuraisi in his application had categorically stated that he was ashamed of the illegal act and someone else had posted the objectionable photograph from his mobile phone, the Court granted him bail subject to certain directions.

The Court was dealing with a regular bail plea of Kuraisi, a 60-year-old man, who was booked under Sections 295-A, 505(2) Indian Penal Code & Section 66 of Information and Technology (Amendment Act), 2008 for making and posting a morphed/'objectionable' picture of the PM on a WhatsApp group.

The WhatApp group in question was created by the Station House Officer of Aminabad Police Station of Lucknow, Uttar Pradesh.

Stressing that his mobile phone had been misused by some miscreants in order to get him implicated falsely, Kuraisi in his bail plea had contended that there was no logic for him to post the objectionable photograph in the WhatsApp group that was created by the SHO.

He had also averred that having regard to his qualification it was impossible for him to have morphed any photograph.

He had further stated that he respects all constitutional authorities of the nation including the Prime Minister and therefore, he could not even imagine making any objectionable post or photograph.

Further submitting that he had been a victim of circumstances, Kuraisi had also tendered an unconditional apology for the incident that had been committed from his mobile phone and prayed for the grant of bail.

In this backdrop, while granting bail to Kuraisi, Court took note of the gravity of the issue involved, and at the outset, decided to stress upon the duty of citizens to respect constitutional dignitaries including the President and PM.

The Court noted that the digital revolution has also brought with it technology which is used for useful purposes as well as misused by the miscreants. Accordingly, the court said,

"It is to be known to one and all that the Prime Minster of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country and it is the bounden duty of every citizen of this country to respect all the Constitutional dignitaries including the Hon'ble President and Prime Minster of this great nation."

However, noting that Kuraisi was in jail since September 18, and had also tendered an unconditional apology, the Court granted him bail on him furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.

Cause title - Mohd. Afaaq Kuraisi v. State of U.P.