[Breaking] Allahabad HC Grants Bail To Journalist Prashant Kanojia [Read Order]

Kanojia was arrested by the UP Police on August 18, in connection to a FIR lodged against him allegedly for making social media posts that have the potential to promote enmity between two or more communities/groups.

He had moved the High Court after the Lucknow District Court denied him any relief.

He had contended that the charge sheet in the matter had already been filed and there was no possibility of his tempering with the evidence or influencing the investigation in any manner. He has also claimed the benefit of freedom of speech for the press. Further, it was argued that for the offences under which the charge sheet had been filed, the maximum sentence envisaged under law is below seven years.

Noting that the State counsel could not rebut these submissions, the Court allowed Kanojia's bail plea on on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.

As per the facts averred in the District Court's order, the FIR against him was lodged by one Shashank Shekhar Singh, under Sections 505(1)(b) (Statements conducing to public mischief with intent to cause fear or alarm to the public), 501 (Printing or engraving matter known to be defamatory), 500 (Defamation) of IPC and Section 67 of the Information Technology Act.

It was alleged that Kanojia had posted pictures of the President of India, the Prime Minister and UP CM Yogi Adityanath on his Twitter account, accompanied by objectionable comments.

It was further alleged that he also made comments against the Dalit community, and his posts were intended to incite caste and religious sentiments among the citizens of the country for inciting violence.

According to the FIR (accessed by Newslaundry), Kanojia distorted a Facebook message about the "inclusion of vedic studies" in school curricula posted by one Sushil Tiwari of the Hindu Army. Allegedly, Kanojia tweeted Tiwari's post with a morphed message about "raising voice against Ram Mandir barring the entry of OBC, SC and ST communities".

The complainant had also pointed that Kanojia had criminal antecedents and had been arrested on previous occasions as well.

On the previous date of hearing, a Single Bench of Justice Dinesh Kumar Singh had ordered the State Government to file its reply in the matter. Today, Kanojia's wife Jagisha Arora took to Twitter and confirmed that he was granted bail.

[Updated with Order]

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