Himachal Pradesh High Court Grants Bail to Man Over Controversial Videos

Court Decision on Bail

On Tuesday, the High Court of Himachal Pradesh approved bail for an individual detained in May for posting videos on Facebook that allegedly contained offensive remarks about Prime Minister Narendra Modi and the Indian Army.

The court noted that although the videos were in poor taste, they did not appear to incite violence or disrupt public order.

Justice Rakesh Kainthla expressed skepticism regarding the applicability of Sections 152 and 196 of the Bharatiya Nyaya Sanhita, which pertain to sedition and inciting enmity among groups, based on an initial review of the case.

The accused, Farooq Ahmad, was taken into custody on May 9 under allegations of sedition, promoting group enmity, and undermining national integrity, as reported by a legal news source.

The prosecution claimed that Ahmad's online posts were anti-national and offensive to the sentiments of the public, with one video allegedly featuring a Pakistani individual making derogatory comments about Modi, and another clip from a Pakistani news outlet criticizing the Indian Army.

However, the court concluded that the investigation did not provide evidence that Ahmad's posts led to violence or public disorder.

Additionally, the court acknowledged that Ahmad's mobile device had been confiscated for forensic analysis, and the prosecution had yet to secure the necessary approval to advance the trial.

The High Court subsequently mandated Ahmad's release on bail, contingent upon a surety of Rs 1 lakh.