Madhya Pradesh High Court Grants Bail To Lecturer Booked For Hurting Religious Sentiments By Posting Message About Pahalgam Attack

The Madhya Pradesh High Court has granted bail to the guest lecturer, Dr. Nasheem Bano, booked under the charge of hurting religious sentiments of the community by forwarding messages remarking on the Pahalgam Attack on WhatsApp.

The Court was considering an application seeking bail in an FIR filed for the offences punishable under Sections 196, 299 and 353(2) of B.N.S., 2023.

The Bench of Justice Avanindra Kumar Singh observed, "Prima facie at the outset it can very safely said that an educated persons and persons, who are holding post of Guest Faculty in the College had greater responsibility to forward WhatsApp messages, but simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail. The present applicant is in jail since 28.04.2025."

The Applicant was represented by Senior Advocate Manish Datta, while the Respondent was represented by Government Advocate Ravindra Shukla.

Facts of the Case

The Prosecution's case against the Applicant was that she had circulated certain post in her WhatsApp Group which was intended to outrage the religious feelings of another community and had also circulated one video under the head of Naya Ravan.

Counsel for the Applicant submitted that the Applicant is an educated woman and there was no intention to hurt any religious sentiment of any community; therefore, she may be enlarged on bail. On the other hand, the Government Advocate appearing for the State opposed the Bail Application on the ground that the Applicant has deliberately forwarded WhatsApp messages and video to hurt religious sentiment of the community, but very fairly submits that no other crime is recorded against the present applicant.

Reasoning By Court

The Court at the outset noted that an educated persons and persons, who are holding post of Guest Faculty in the College do have greater responsibility to forward WhatsApp messages, but simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail.

The Application was accordingly allowed.

Cause Title: Dr. Nasheem Bano vs. The State of Madhya Pradesh (2025:MPHC-JBP:25496)

Appearances:

Petitioner- Senior Advocate Manish Datta, Advocate Eshaan Datt

Respondent- Government Advocate Ravindra Shukla

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