'Maybe In Bad Taste, But Do Not Incite Violence': HP HC Grants Bail To Man Charged U/S152 BNS For Sharing Videos Allegedly Insulting PM, Army

The Himachal Pradesh High Court has granted bail to Farooq Ahmad, who was arrested for allegedly sharing videos on Facebook that contained insulting comments about the Prime Minister of India and the Indian Army. 

The Court held that mere sharing of such videos, in the absence of any incitement to violence or public disorder, does not prima facie attract the offences of sedition or promoting enmity.

Justice Rakesh Kainthla: “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.”

Background facts:

The petitioner, Farooq Ahmad, was arrested on May 9, 2025, for offences under Sections 152, 196 and 197 of the Bharatiya Nyaya Sanhita, 2023, for Sedition, Promoting enmity and Assertions against national integration.

The State contended that the petitioner shared videos that were anti-Nation, anti-Army, anti-Hindu and anti-Prime Minister videos which had hurt the feelings of common people.

It was stated that one of the videos showed insulting comments which allegedly affected the integrity and the sovereignty of the country, showing a Pakistani National making insulting comments about the Prime Minister of India. Another video was allegedly from a Pakistani News Channel in which a Reporter was making insulting comments about the Indian Army.

Findings:

The Court observed that the status report did not show that the petitioner's post incited any person to resort to violence. It remarked that this makes the applicability of Sections 152 and 196 of BNS highly doubtful.

The Court noted that the petitioner's mobile phone had already been seized and was sent for forensic examination, so the trial could not proceed until the necessary prosecution sanction was obtained.

Even though the State cited the petitioner's criminal antecedents, the Court held that these alone could not justify pre-trial detention of the petitioner, if a prima facie case has not been made out against the accused.

Thus, the Court granted bail to the petitioner with strict conditions.

Case Name: Farooq Ahmad v/s State of Himachal Pradesh

Case No.: Cr. MP (M) No.1473 of 2025

Date of Decision: 22.07.2025

For the Petitioner: Mr. Yashveer Singh Rathore, Advocate.

For the Respondent: Mr. Lokender Kutlehria, Additional Advocate General

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