Allahabad HC grants bail to man accused of supporting ‘Hamas’ on ‘X’ and opposing Indian government over its support for Israel

A bank made of justice Samir Jain Bail granted accuses Gosh MohammadIn the present case, he has been in prison since October 2023 and all the offences he is charged with are being tried before a Justice of the Peace, First Class, with a maximum sentence of three years and he has no criminal history.

“However, the applicant is accused on his Twitter account of supporting the terrorist organization Hamas and also of opposing the Indian government. It can be concluded from this that all the offences he is accused of are capable of being tried before a Justice of the Peace of the First Class with a maximum sentence of three years. The applicant has no previous convictions and has been in prison in the present matter since October 20, 2023, i.e. for more than 10 months. Therefore, in my view, the applicant is entitled to be released on bail.”, the court order states.

According to the allegations against him, he published a post on “X” in which he supported “Hamas” and expressed his displeasure with the Indian government for supporting Israel in the war between Israel and Hamas.

He has been booked in the FIR under Section 505(2) IPC and Sections 67 of the IT Act. According to the prosecution, tension arose in Singhai village, Murawan due to his 'X' post.

He applied for bail and appealed to the Supreme Court. His lawyer argued that the charges against him were false and that all the offences he was charged with would be tried before a Justice of the Peace First Class, with a maximum sentence of three years.

Although AGA refused the application for bail, he could not, on the other hand, deny that all the offences with which he was charged were tried before a Justice of the Peace of the First Class with a maximum sentence of three years and that the applicant had been in prison for more than ten months.

Appearances

Legal counsel for the applicant: Anil Kumar Dubey, Chandra Bhan Dubey, Javed Raza

Defendant’s legal counsel: AGA Brijesh Pratap Singh

Case Title – Gosh Mohammad v State of UP 2024 LiveLaw (AB) 565

Case citation: 2024 LiveLaw (AB) 565

Click here to read/download the order