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The Himachal Pradesh High Court on Wednesday granted regular bail to Abhishek Singh Bhardwaj, who had been booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS) for allegedly uploading photographs and videos depicting weapons and making anti-national remarks on social media.
Allowing the bail petition, Justice Rakesh Kainthla held that merely criticising hostilities between India and Pakistan or expressing a desire for peace cannot be construed as sedition or an offence under the law. The court observed that no prohibited weapon was recovered from the petitioner and that the social media content attributed to him did not, on its facie, reveal any intention to incite violence, create public disorder, or spread hatred against the Government established by law. The FIR was registered at Dehra police station in Kangra district on May 28, 2025, following allegations that the petitioner had shared posts showing weapons, the Pakistani flag, and messages allegedly supporting Khalistan. However, the High Court noted that the prosecution failed to establish that these posts caused any disturbance of public order or breach of the peace. Relying on several landmark Supreme Court judgments, including Kedar Nath Singh, Vinod Dua, and Balwant Singh, the court reiterated that sedition provisions apply only when speech or expression has a clear tendency to incite violence or disrupt public order. Casual slogans or online expressions, without such impact, do not attract criminal liability, the court said. The High Court further noted that since the police have already filed the charge sheet, continued incarceration of the petitioner would serve no useful purpose. Accordingly, Bhardwaj was granted bail on furnishing a personal bond of Rs 50,000 with one surety, subject to conditions including non-interference with witnesses and cooperation in trial proceedings. The court clarified that its observations are limited to the bail stage and shall not affect the merits of the case at trial. "It is difficult to see how a desire to end hostilities and a return to peace can amount to sedition," said Himachal High Court Judge Justice Rakesh Kainthla. (ANI)
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