Bail granted to petitioner accused of uploading prohibited content without evidence of incitement to violence or public disorder.
In a significant ruling, the Himachal Pradesh High Court, presided over by Justice Rakesh Kainthla, has granted bail to Abhishek, who was accused of sedition under Section 152 of the Bharatiya Nyaya Sanhita, 2023. The petitioner was alleged to have uploaded photos and videos featuring prohibited weapons and slogans supporting Khalistan on Facebook. However, the court found no prima facie evidence of incitement to violence or public disorder.
The case, registered under F.I.R. No. 71 of 2025, emerged when police, acting on a tip-off, discovered that Abhishek had shared content deemed anti-national. Despite these allegations, the investigation did not recover any prohibited weapons from the petitioner’s residence. The court noted that while the petitioner’s online content criticized hostilities between India and Pakistan, it advocated for peace, which does not constitute sedition.
Drawing from precedents, including the Supreme Court's emphasis on the necessity of mens rea and impact on public tranquility for sedition charges, the court highlighted that mere criticism of government policies or hostilities does not amount to sedition unless it incites violence or public disorder.
Justice Kainthla stressed that the principles laid out by the Supreme Court regarding bail applications were meticulously followed. The judgment cited various cases, including Kedar Nath Singh v. State of Bihar and Balwant Singh v. State of Punjab, which underscore that slogans or content that do not incite violence or lead to public disorder do not meet the threshold for sedition.
The court granted bail on the condition that the petitioner adheres to certain terms, including regular attendance at trial, non-intimidation of witnesses, and surrendering his passport. It was expressly stated that any breach of these conditions could lead to the cancellation of bail.
This ruling not only underscores the judiciary's role in safeguarding individual liberties but also reiterates the delicate balance between state security and freedom of expression.
Bottom Line:
Bail granted under Section 152 of Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 124A of IPC) as prima facie evidence does not substantiate the charge of sedition, mere posting of slogans or prohibited arms images without incitement to violence or public disorder does not amount to an offence.
Statutory provision(s): Section 152 of Bharatiya Nyaya Sanhita, 2023
Abhishek v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2832070
