Bail Denied For Posting Offensive Social Media Content against PM Narinder Modi

Ahmedabad, Gujarat: In a significant ruling, the High Court of Gujarat, presided over by Honourable Mr. Justice Nirzar S. Desai, denied bail to an individual accused of posting offensive and abusive content on social media platforms against PM Narinder Modi. The judgment, delivered on 6th June 2023, highlights the court's concerns over the potential for communal unrest and disturbance of peace in society.

The applicant had filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with a First Information Report (FIR) registered at Sikka Police Station, Jamnagar District. The charges against the applicant included offenses under various sections of the Indian Penal Code, including Sections 120 (B), 153 (A), 283 (2) (A), 294 (B), 295 (A), 298, 469, 500, 501, and 505 (2), as well as Section 67 of the Information Technology Act.

The court's oral order emphasized the offensive nature of the content posted by the applicant, which included derogatory remarks against the Honorable Prime Minister and his late mother, as well as the presence of obscene and pornographic material on the applicant's Facebook page. Justice Nirzar S. Desai stated, "The present applicant who is an Indian Citizen has made all the attempts to destabilize the peace in the society, and prima facie, the posts made by the present applicant seem to be agenda driven." The court further highlighted the potential damage caused by the applicant's posts on social media, noting that they could influence and harm communal harmony.

Considering the seriousness of the offenses and the potential for recurrence, the court denied bail, stating, "If such a person is granted bail, there are all the chances that he may commit such an offense once again." The court also emphasized the need to expedite the trial in light of the maximum punishment being five years.

Date : 06/06/2023

AFSALBHAI KASAMBHAI LAKHANI Versus STATE OF GUJARAT