Criminal Antecedents Not Sufficient For Pre-Trial Detention: Himachal Pradesh High Court Grants Bail To Man Accused Of Sharing Videos Insulting Army, Hindus & PM
The Himachal Pradesh High Court said that the videos may be in bad taste, but they do not tend to incite any person to violence or create disturbance in public peace.
Justice Rakesh Kainthla, Himachal Pradesh High Court
The Himachal Pradesh High Court has granted bail to a man who was accused of sharing videos insulting Nation, Army, Hindus, and the Prime Minister.
A Petition was preferred by the accused, seeking bail in an FIR registered for the offences punishable under Sections 152, 196, and 197 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
A Single Bench of Justice Rakesh Kainthla observed, “It was submitted that the petitioner has criminal antecedents and he should not be released on bail. The criminal antecedents would have assumed significance if a prima facie case had been made out against the accused. As already noticed, there is insufficient material to connect the petitioner with the commission of offences punishable under Sections 152 and 196 of BNS. Therefore, the criminal antecedents are not sufficient for the pre-trial detention of the petitioner.”
The Bench said that the videos may be in bad taste, but they do not tend to incite any person to violence or create disturbance in public peace.
Advocate Yashveer Singh Rathore appeared for the Petitioner/Accused while Additional Advocate General (AAG) Lokender Kutlehria appeared for the Respondent/State.
Factual Background
The Petitioner-accused was arrested in May 2025 based on certain allegations made against him. It was submitted that he had no role in the commission of crime and was apprehended based on suspicion. The informant made a complaint that the accused had shared anti-Nation, anti-Army, anti-Hindu, and anti-Prime Minister videos which had hurt the feelings of common people. The police registered an FIR and conducted the investigation. One video allegedly showed the insulting comments which affect the sovereignty and integrity of the country.
It was further alleged that in another video, a Pakistani National was making insulting comments about the Prime Minister of India. One video of the Pakistani News Channel, All India News 24x7, was also allegedly shared in which a Reporter was making insulting comments about the Indian Army. The police seized the mobile phone and arrested the accused. He had shared the videos of his Facebook post and the mobile number was found in his name. The electronic device was sent to RFSL, Dharamshala and the result of the analysis was awaited. Challenging this, the accused approached the High Court, asserting that the investigation is complete and his custody is not required.
Reasoning
The High Court after hearing the arguments from both sides, remarked, “There is no averment in the status report that any person, including the informant, was incited to resort to violence. The video recording of the Facebook posts was played in the Court. They may be in bad taste, but they do not tend to incite any person to violence or create disturbance in public peace. Hence, prima facie, the applicability of Sections 152 and 196 of BNS is highly doubtful.”
The Court noted that the police have already seized the electronic device and sent it to RFSL for analysis and the offence alleged against the accused requires prosecution sanction under Section 217 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), which is likely to take some time.
“There is a force in the submission of Mr. Yashveer Singh Rathore, learned counsel for the petitioner, that the petitioner cannot be kept behind the bars indefinitely, hoping for the early commencement of the trial”, it added.
The Court, therefore, concluded that the status report does not show that the accused is required for investigation and as the result of the analysis is awaited, releasing him on bail will not affect the ongoing investigation.
Accordingly, the High Court allowed the Petition and granted bail to the accused, subject to furnishing bail bonds of Rs. 1 lakh with one surety of the like amount to the satisfaction of the Trial Court.
Cause Title- Farooq Ahmad v. State of Himachal Pradesh (Neutral Citation: 2025:HHC:23619)
