Prashant Kanojia vs State of UP Through Senior Superintendent Of Police, Lucknow


[BAIL No. – 6461 of 2020]

Facts-
Prashant Kanojia had morphed an image and had shared it on his social media post in an attempt to spread fake news and incite hatred among people. Hence got arrested by the Hazratganj Police.

Charges
He was booked under-

CrPC

A) Section-154

IPC SECTIONS

A) S.153-A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

B) S.153-B -wantonly giving provocation with intent to cause riot

C) S.420-cheating

D) S.465-Punishment for forgery

E) S.468-Forgery for purpose of cheating

F) S.500 Punishment for defamation

G) S.505(1)(b)- likely to cause, fear or alarm to the public

H) S.505(2) -offense committed in any place of worship or in any assembly engaged in the performance of religious worship

I) S.66- Imposed for non-payment of fine.

Held
Justice Attau Rahman Masoodi has held that the submission as regards the quantum of punishment or entitlement of the accused applicant to be released on bail could not be disputed on any tangible ground. Having regard to the totality of circumstances, a case for grant of bail is made out.

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