Allahabad High Court Grants Bail To Man Facing 'Waging War', UAPA Charges For Allegedly Sharing Pakistan-Made Video Against PM Modi

A bench of Justice Santosh Rai granted bail to Savej, booked for grave offences including 'waging war against the Government of India' and 'acts endangering the sovereignty, unity and integrity of India'. He was arrested on May 10 this year.

The bench took into account factors including uncertainty regarding the conclusion of the trial, overcrowding in prisons, and the fundamental right to speedy trial under Article 21 of the Constitution.

Briefly, the prosecution alleged that the applicant circulated on his WhatsApp status a video prepared in Pakistan, which blamed Prime Minister Modi and or the Pulwama and Pahalgam terror attacks.

The FIR alleged that the video had the potential to disturb communal peace, endanger national security and affect social order.

However, it was an admitted fact that Savej did not create the video but only circulated it.

Seeking bail, his counsel argued in the HC that the recovery of the mobile phone was totally false and that the investigating officer had not examined any independent witness during the investigation.

It was also submitted that charges under the offence punishable under Sections 353(2), 147, 152, 196, 197(1)(d) of B.N.S. and Section 13(A) UAPA were not made out against the applicant.

The State, on the other hand, opposed the bail plea. It contended that the offences were serious in nature and that the circulation of such content amounted to conduct prejudicial to sovereignty and unity. It also argued that releasing the accused would risk repetition of such acts.

After hearing both sides, the Court found force in the submissions of the defence and emphasized that pre-trial incarceration should not be prolonged where trial conclusion is uncertain.

The Court also factored in that the applicant has no any kind of previous criminal history and the chargesheet has already been filed in this case as submitted by the prosecution.

Thus, the Court granted him bail on the condition of furnishing a personal bond and two heavy sureties, subject to conditions including that he shall not tamper with evidence, threaten witnesses, or seek unnecessary adjournments.

Advocates Bipin Shukla and Vimlesh Kumar Dubey appeared for the applicant-accused.