Allowed

Shivam Sharma v. the State of Jharkhand

Jharkhand HC16 Mar 2021A.B.A./532/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a case concerning social media posts suspected of creating communal hatred. The bail is conditional on cooperating with the investigation and refraining from further social media posting.

What did the court decide?

Anticipatory bail granted, releasing petitioner on furnishing a bond of Rs. 25,000 with two sureties upon arrest or surrender within six weeks, subject to conditions of cooperation and no social media

Shivam Sharma Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 532 of 2021

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Shivam Sharma … Petitioner Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. N. Kumar, Advocate For the State : Mr. S. Prasad, Addl. P.P. ------

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Order No.03 Dated- 16.03.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sahibganj (T) P.S. Case No.133 of 2019 registered under sections 193/290/298 of the Indian Penal Code and under Section 67/69/69A/72 of I.T. Act.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with others have posted objectionable material in social media account which creates communal hatred in the citizens. It is further submitted that the allegations against the petitioner are all false and the informant intentionally lodged a false case against the petitioner to harass and blackmail him. It is then submitted that the petitioner has not posted any disputed message in any social media nor he had any intention to hurt the religious feeling of anybody and the petitioner is a student. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case and also undertakes that he will not make any posting in any social media during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sahibganj, in connection with Sahibganj (T) P.S. Case No.133 of 2019 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not make any posting in any social media during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Shivam Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shivam Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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