IMPORTANT POINT
The judgment establishes the importance of upholding ethical standards in journalism, the principles of civil discourse, and the secular principles of democracy.

JUDGMENT :

1. Heard Ms. Mahima Maurya Kushwaha, learned counsel for the applicant, Mr. Desh Ratan Chaudhary, learned counsel for the informant, Mr. Amit Singh Chauhan, learned AGA for the State and perused the record.

2. The instant bail application has been filed on behalf of the applicant, Amit Maurya @ Amit Kumar Singh with a prayer to release him on bail in Case Crime No.0259 of 2023, under sections 386, 389, 504, 506 IPC, Police Station – Lalpur, District–Varuna (Commissionerate Varanasi), during pendency of trial.

3. As per the allegations in the FIR, the informant, serving as the Vice President of the Purvanchal Truck Owners Association, stands as the prime witness and key individual in the FIR lodged against R.S. Yadav, the A.R.T.O. of Chandauli. It is alleged that the informant was instrumental in pursuing the case against R.S. Yadav on behalf of the government, leading to Yadav's detention in jail for the past three years. Additionally, the informant was actively involved in pursuing cases seen by the Anti-Corruption Court. However, the applicant allegedly coerced the informant into refraining from pursuing the case against R.S. Yadav, offering a bribe of one crore rupees. Furthermore, the applicant demanded monthly payments of one lakh rupees from the informant, threatening to tarnish his reputation by publishing damaging articles in newspapers if his demands were not fulfilled. It is also alleged that the applicant resorted to sending threatening messages and engaging in verbal abuse towards the informant. Moreover, the applicant is accused of utilizing social media platforms to propagate hate speech against public figures, including Prime Minister Narendra Modi and Chief Minister Yogi Adityanath, while also making derogatory remarks against religious figures.

4. In defense, learned counsel for the applicant contends that the allegations against the applicant are baseless and motivated by ulterior motives. They further contend that the applicant has no involvement in the cases against R.S. Yadav and is not associated with any criminal activities. Moreover, they highlight a publication made by the applicant regarding corrupt practices within the transport department, suggesting that this may have provoked the present FIR. The defense asserts that the applicant has never sent threatening messages to the informant nor visited his residence. They also emphasize the applicant's good family background and lack of criminal antecedents. Additionally, they assure the court that if granted bail, the applicant will cooperate fully with the trial proceedings and will not abscond or tamper with witnesses.

5. On the other hand, learned counsel for the informant asserts that the applicant falsely presents himself as a press reporter/editor to conceal his illegal activities. They argue that the applicant has not obtained the necessary licenses or permissions for publishing news articles, and they question the authenticity of the publications made by the applicant. Furthermore, they claim that the applicant has a history of criminal behaviour, as detailed in the counter affidavit. The counsel alleges that the applicant has used social media platforms to propagate hate speech and has made derogatory remarks against public figures and religious figures. They also raise concerns regarding the applicant's use of multiple Aadhar cards for identity purposes.

6. I have heard learned counsel for the parties and perused the record.

7. Firstly, it is imperative to address the principle that if someone is engaged in corrupt practices, the appropriate course of action is to bring forth information to the public domain, allowing for transparency and accountability to prevail. It is the duty of journalists and publishers to disseminate factual information to the public, empowering them to make informed decisions. However, it is entirely unacceptable for publishers to exploit their platform for personal gain, resorting to coercive tactics under the gui