MP High Court Grants Bail To Lecturer Booked For Hurting Religious Sentiments By Forwarding Content On WhatsApp

In doing so, the Court said that simply on ground of forwarding messages and videos which may hurt religious sentiments of others, a person cannot be kept in jail indefinitely.

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 preferred for grant of regular bail for the offences punishable under Sections 196 (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 299 (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 353(2) (Statements conducing to public mischief) of B.N.S., 2023. The Trial Court had earlier rejected her bail application.

As per the prosecution, the complainant Deependra Jogi has lodged a report against the applicant, a Guest Faculty at Government Model College, Dindori for circulating certain post in her WhatsApp Group which was intended to outrage religious feelings of another community and also circulating one video under the head of Naya Ravan.

The counsel for the applicant submitted that applicant is an educated woman and there was no intention to hurt any religious sentiment of any community, therefore, she may be released on bail.

On the contrary, the Government Advocate submitted that the applicant had deliberately forwarded WhatsApp messages and video to hurt religious sentiment of the community.

The Court allowed the bail application opining that merely on ground of circulating messages and videos which may hurt the religious sentiments, a person cannot be kept in jail indefinitely.

Case Title: Dr. Nasheem Bano Versus The State Of Madhya Pradesh, Misc. Criminal Case No. 20228 of 2025

Counsel for Applicant: Senior Advocate Manish Datt and Advocate Eshani Datt

Counsel for State: Govt. Advocate Ravindra Shukla