Himachal Pradesh HC grants bail to man accused of sharing derogatory videos about PM Modi, Army
The court said that while the videos may have been in bad taste, they would not 'incite any person to violence or create disturbance in public peace'.
Justice Rakesh Kainthla said that on a preliminary reading, it was 'highly doubtful' whether Sections 152 and 196 of the Bharatiya Nyaya Sanhita, which deal with sedition and promoting enmity between groups, were applicable in this case.
The man, Farooq Ahmad, was arrested on May 9 on charges of sedition, promoting enmity between groups and making assertions against national integrity, Live Law reported.
The prosecution alleged that Ahmad shared content online that was deemed to be anti-national and against Prime Minister Narendra Modi, which had hurt the sentiments of common people.
The police also alleged that one video featured a Pakistani citizen making insulting comments about Modi, while another clip from a Pakistani news channel contained derogatory remarks about the Indian Army.
However, the court said that the investigation had not shown any evidence that Ahmad's posts incited violence or disturbed public peace.
The court also took into account that Ahmad's mobile phone had already been seized and sent for forensic examination, and that the prosecution was yet to obtain the required sanction for the trial to proceed.
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