Allahabad High Court Denies Anticipatory Bail to Folk Singer Neha Singh Rathore

Court emphasizes procedural compliance and non-cooperation in investigation as key reasons for rejection.

In a significant decision, the Allahabad High Court, presided over by Justice Brij Raj Singh, has rejected the anticipatory bail application filed by folk singer Neha Singh Rathore, also known as Neha Kumari. Rathore, who was apprehending arrest in a case involving charges under various sections of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2008, faced allegations of subversive activities and objectionable social media posts.

The court held that Rathore’s application, filed directly before the High Court without approaching the Sessions Court, was maintainable due to her non-residency within the jurisdiction of the Sessions Court where the FIR was lodged. However, the Court stressed that despite this maintainability, the merits of granting anticipatory bail were lacking.

The FIR, lodged at Hazratganj Police Station in Lucknow, accuses Rathore of inciting communal disharmony through her Twitter posts, which allegedly criticized the government and affected national integrity, especially in the wake of a terrorist attack in Pahalgam, Jammu and Kashmir. Rathore was charged with offenses under Sections 196, 197, 302, and 152 of the Bharatiya Nyaya Sanhita, 2023, among others.

The High Court highlighted that Rathore had previously challenged the FIR through a Criminal Misc. Writ Petition, which was dismissed, as was her Special Leave Petition before the Supreme Court. The Supreme Court had granted her the liberty to raise issues during the charge-framing stage, but noted that the charges as per the FIR held substantial grounds.

Justice Singh remarked on Rathore’s non-cooperation with the investigation and emphasized that her social media posts, made during a sensitive period, could potentially disrupt public order. The court noted that while freedom of speech is a constitutional right, it is subject to reasonable restrictions, especially concerning public order and morality.

The judgment underscores the importance of procedural compliance in bail applications and sets a precedent for handling cases involving social media activities and national security. Rathore’s legal team has been advised to pursue other legal remedies available under the law.

Bottom Line:

Anticipatory Bail - Application filed directly before High Court without approaching Sessions Court - High Court held that for anticipatory bail under Section 482(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant must first apply before the Court of Sessions unless special circumstances exist. High Court found that special circumstances existed as the applicant did not reside within the jurisdiction of the concerned Sessions Court.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482(1), Bharatiya Nyaya Sanhita, 2023 Section 152, Article 19(1)(a) of the Constitution of India, Information Technology Act, 2008 Section 69(a).

Neha Singh Rathore @ Neha Kumari v. State Of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2818343