Allahabad HC grants bail to 3 booked under sedition for burning UP CM’s effigy

PRAYAGRAJ: The Allahabad high court has granted bail to three people booked for sedition for allegedly raising slogans against chief minister Yogi Adityanath and burning his effigy under Karvi police station area of Chitrakoot in March this year.
Since the accused were booked for sedition, the main plea taken on their behalf was that it was only a political protest and the ingredients of the offence under section 124A of the Indian Penal Code, which describes the offence of sedition, are not made out.
According to section 124A of IPC, whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the the government established by law in India shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added.
While granting bail to Phoolchandra Yadav, Aashutosh Agrahari and Suraj Singh, Justice Suneet Kumar observed, “Without expressing any opinion on the merits of the case and considering the nature of accusation and severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the court in support of the charge, the applicants are entitled to be released on bail in this case.”
As per prosecution, 12 nominated and 10-12 unknown people had raised slogans against the chief minister and burnt his effigy. These applicants are named in the FIR lodged under section 124A (sedition) and other sections of IPC at Karvi police station.
During the proceedings, it was urged by the counsel for the applicants that six co-accused in similar circumstances have already been released on bail. It was further submitted that the applicants had been languishing in jail since March 17 and there is no likelihood of early disposal of trial. If granted bail, the applicants would never misuse the liberty and cooperate in the trial.
However, the state counsel opposed the bail application, saying a prima faice case is made out against the applicants.
The court gave this decision on June 22.