2026:HHC:98
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No. 2763 of 2025
Reserved on: 16.12.2025
Date of Decision: 1.1.2026.
Abhishek ...Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
Hon’ble Mr Justice Rakesh Kainthla, Judge.
Whether approved for reporting?
1
No.
For the Petitioner : Mr Sanjeev Kumar Suri,
Advocate.
For the Respondent/State : Mr Prashant Sen, Deputy
Advocate General.
Rakesh Kainthla, Judge
The petitioner has filed the present petition for
seeking regular bail in F.I.R. No. 71 of 2025, dated 28.5.2025,
registered in Police Station, Dehra, District Kangra, H.P., for the
commission of an offence punishable under Section 152 of
Bhartiya Nyaya Sanhita, 2023 (BNS).
2. It has been asserted that the police party was on
patrolling duty on 28.5.2025 when they received secret
1
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
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information that Abhishek Singh Bhardwaj, the present
petitioner, had uploaded his photo and video on Facebook with
prohibited/illegal weapons, and he was following anti-national
persons. The police associated Mohinder Singh and reached the
petitioner’s house, where his parents were present. The
petitioner came out after some time. The police asked the
petitioner to open his Facebook ID, photographs and video. The
flag of Pakistan and arms were found uploaded. The police
searched the house, but no prohibited arms were recovered. The
police seized the mobile phone. The petitioner had shared the
information about Operation Sindoor with some Pakistani
persons, wherein he declared that Operation Sindoor was wrong
and he supported Khalistan. These allegations are false. The
petitioner is innocent, and he was falsely implicated. The police
have filed the charge sheet, and no fruitful purpose would be
served by detaining the petitioner in custody. Hence, the
petition.
3. The petition is opposed by filing a status report
asserting that the police were on patrolling duty on 28.5.2025.
They received secret information at Dehra Chowk that the
petitioner had uploaded photos and videos with prohibited
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weapons. He had written his name with those weapons. The
police informed SDPO about the information, joined Jagdish
Ram and Mohinder Singh as independent witnesses and went to
the petitioner’s house. The petitioner’s parents were found in
the house. The petitioner also came out after some time. His
Facebook ID was checked, and the photographs of prohibited
weapons, videos, flag of Pakistan were found to be uploaded.
The police searched the house, but no illegal substance was
found. The police seized the mobile phone. The petitioner had
chatted with Niaz Khan, in which he had stated that Operation
Sindoor was wrong; and he had supported Khalistan. The mobile
phone was sent to the FSL, and the result has been obtained. The
police investigated the matter and filed the charge sheet. The
matter is listed for recording the statements of the prosecution’s
witnesses on 14.1.2026.
4. I have heard Mr Sanjeev Kumar Suri, learned counsel
for the petitioner and Mr Prashant Sen, learned Deputy Advocate
General, for the respondent-State.
5. Mr Sanjeev Kumar Suri, learned counsel for the
petitioner, submitted that the allegations made in the FIR do not
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satisfy the requirement of Section 152 of the BNS. The police
have filed the charge sheet, and no fruitful purpose would be
served by detaining the petitioner in custody. Therefore, he
prayed that the present petition be allowed and the petitioner be
released on bail.
6. Mr Prashant Sen, learned Deputy Advocate General,
for the respondent-State, submitted that the petitioner was
involved in anti-national activities. He was in touch with
Pakistani Nationals. The offence is grave. Hence, he prayed that
the present petition be dismissed.
7. I have given considerable thought to the submissions
made at the bar and have gone through the records carefully.
8. The parameters for granting bail were considered by
the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC
314: 2025 SCC OnLine SC 781, wherein it was observed at page
380: -
(i) Broad principles for the grant of bail
56. In Gudikanti Narasimhulu v. High Court of A.P., (1978) 1
SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while elabo-
rating on the content of Article 21 of the Constitution of
India in the context of personal liberty of a person under
trial, has laid down the key factors that should be consid-
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ered while granting bail, which are extracted as under:
(SCC p. 244, paras 7-9)
“7. It is thus obvious that the nature of the charge is
the vital factor, and the nature of the evidence is also
pertinent. The punishment to which the party may be
liable, if convicted or a conviction is confirmed, also
bears upon the issue.
8. Another relevant factor is whether the course of justice
would be thwarted by him who seeks the benignant ju-
risdiction of the Court to be freed for the time being.
[Patrick Devlin, “The Criminal Prosecution in England”
(Oxford University Press, London 1960) p. 75 — Mod-
ern Law Review, Vol. 81, Jan. 1968, p. 54.]
9. Thus, the legal principles and practice validate the
Court considering the likelihood of the applicant interfer-
ing with witnesses for the prosecution or otherwise pol-
luting the process of justice. It is not only traditional but
rational, in this context, to enquire into the antecedents
of a man who is applying for bail to find whether he has a
bad record, particularly a record which suggests that he is
likely to commit serious offences while on bail. In regard
to habituals, it is part of criminological history that a
thoughtless bail order has enabled the bailee to exploit
the opportunity to inflict further crimes on the members
of society. Bail discretion, on the basis of evidence about
the criminal record of a defendant, is therefore not an ex-
ercise in irrelevance.” (emphasis supplied)
57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4
SCC 280: 2001 SCC (Cri) 674, this Court highlighted various
aspects that the courts should keep in mind while dealing
with an application seeking bail. The same may be ex -
tracted as follows: (SCC pp. 284-85, para 8)
“8. The jurisdiction to grant bail has to be exercised on
the basis of well-settled principles, having regard to the
circumstances of each case and not in an arbitrary man-
ner. While granting the bail, the court has to keep in mind
the nature of accusations, the nature of evidence in sup-
port thereof, the severity of the punishment which con-
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viction will entail, the character, behaviour, means and
standing of the accused, circumstances which are peculiar
to the accused, reasonable possibility of securing the
presence of the accused at the trial, reasonable appre-
hension of the witnesses being tampered with, the larger
interests of the public or State and similar other consid-
erations. It has also to be kept in mind that for the pur-
poses of granting the bail the legislature has used the
words “reasonable grounds for believing” instead of “the
evidence” which means the court dealing with the grant
of bail can only satisfy it (sic itself) as to whether there is
a genuine case against the accused and that the prosecu-
tion will be able to produce prima facie evidence in sup-
port of the charge.” (emphasis supplied)
58. This Court in Ram Govind Upadhyay v. Sudarshan
Singh, (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking
through Banerjee, J., emphasised that a court exercising
discretion in matters of bail has to undertake the same ju-
diciously. In highlighting that bail should not be granted
as a matter of course, bereft of cogent reasoning, this
Court observed as follows: (SCC p. 602, para 3)
“3. Grant of bail, though being a discretionary order,
but, however, calls for the exercise of such a discretion in
a judicious manner and not as a matter of course. An or-
der for bail bereft of any cogent reason cannot be sus-
tained. Needless to record, however, that the grant of
bail is dependent upon the contextual facts of the matter
being dealt with by the court and facts do always vary
from case to case. While placement of the accused in the
society, though it may be considered by itself, cannot be
a guiding factor in the matter of grant of bail, and the
same should always be coupled with other circumstances
warranting the grant of bail. The nature of the offence is
one of the basic considerations for the grant of bail —
the more heinous is the crime, the greater is the chance
of rejection of the bail, though, however, dependent on
the factual matrix of the matter.” (emphasis supplied)
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59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7
SCC 528: 2004 SCC (Cri) 1977, this Court held that al-
though it is established that a court considering a bail ap-
plication cannot undertake a detailed examination of evi-
dence and an elaborate discussion on the merits of the
case, yet the court is required to indicate the prima facie
reasons justifying the grant of bail.
60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14
SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that
where a High Court has granted bail mechanically, the
said order would suffer from the vice of non-application
of mind, rendering it illegal. This Court held as under with
regard to the circumstances under which an order grant-
ing bail may be set aside. In doing so, the factors which
ought to have guided the Court's decision to grant bail
have also been detailed as under: (SCC p. 499, para 9)
“9. … It is trite that this Court does not, normally, inter-
fere with an order passed by the High Court granting or
rejecting bail to the accused. However, it is equally in-
cumbent upon the High Court to exercise its discretion
judiciously, cautiously and strictly in compliance with
the basic principles laid down in a plethora of decisions
of this Court on the point. It is well settled that, among
other circumstances, the factors to be borne in mind
while considering an application for bail are:
(i) whether there is any prima facie or reason-
able ground to believe that the accused had
committed the offence;
(ii) nature and gravity of the accusation;
(iii) severity of the punishment in the event of
conviction;
(iv) danger of the accused absconding or fleeing,
if released on bail;
(v) character, behaviour, means, position and
standing of the accused;
(vi) likelihood of the offence being repeated;
(vii) reasonable apprehension of the witnesses
being influenced; and
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(viii) danger, of course, of justice being thwarted
by grant of bail.” (emphasis supplied)
xxxxxxx
62. One of the judgments of this Court on the aspect of
application of mind and requirement of judicious exercise
of discretion in arriving at an order granting bail to the
accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC
497 : (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench
of this Court, while setting aside an unreasoned and ca-
sual order (Pappu Kumar v. State of Bihar, 2021 SCC OnLine
Pat 2856 and Pappu Singh v. State of Bihar, 2021 SCC OnLine
Pat 2857) of the High Court granting bail to the accused,
observed as follows: (Brijmani Devi v. Pappu Kumar,
(2022) 4 SCC 497 : (2022) 2 SCC (Cri) 170]), SCC p. 511, para
35)
“35. While we are conscious of the fact that liberty of an
individual is an invaluable right, at the same time while
considering an application for bail courts cannot lose
sight of the serious nature of the accusations against an
accused and the facts that have a bearing in the case,
particularly, when the accusations may not be false,
frivolous or vexatious in nature but are supported by
adequate material brought on record so as to enable a
court to arrive at a prima facie conclusion. While con-
sidering an application for the grant of bail, a prima fa-
cie conclusion must be supported by reasons and must
be arrived at after having regard to the vital facts of the
case brought on record. Due consideration must be
given to facts suggestive of the nature of crime, the
criminal antecedents of the accused, if any, and the na-
ture of punishment that would follow a conviction vis-
à-vis the offence(s) alleged against an accused.” (em-
phasis supplied)
9. The present petition has to be decided as per the
parameters laid down by the Hon’ble Supreme Court.
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10. The offence punishable under Section 152 of BNS
corresponds to Section 124A of IPC. It was laid down by the
Hon’ble Supreme Court in Vinod Dua v. Union of India, (2023) 14
SCC 286: 2021 SCC OnLine SC 414 that Section 124A applies to
such activities which are intended or tend to create disorder or
disturbance of the public peace. It was observed at page 339:
45. These passages elucidate what was accepted by this
Court in preference to the decisions of the Privy Council in
Gangadhar Tilak v. Queen Empress, 1897 SCC OnLine PC 23:
(1897-98) 25 IA 1] and in King Emperor v. Sadashiv Narayan
Bhalerao, 1947 SCC OnLine PC 9: (1946-47) 74 IA 89]. The
statements of law deducible from the decision in Kedar
Nath Singh v. State of Bihar, 1962 SCC OnLine SC 6: 1962
Supp (2) SCR 769: AIR 1962 SC 955 are as follows:
45.1. “The expression 'the Government established
by law' has to be distinguished from the persons for
the time being engaged in carrying on the
administration. “Government established by law” is
the visible symbol of the State. The very existence of
the State will be in jeopardy if the Government
established by law is subverted. (Kedar Nath Singh v.
State of Bihar, 1962 SCC OnLine SC 6: 1962 Supp (2) SCR
769: AIR 1962 SC 955], SCC OnLine SC para 24)
45.2. “Any acts within the meaning of Section
124-A which have the effect of subverting the
Government by bringing that Government
into contempt or hatred, or creating
disaffection against it, would be within the
penal statute because the feeling of disloyalty
to the Government established by law or
enmity to it imports the idea of tendency to
public disorder by the use of actual violence
or incitement to violence.” (Kedar Nath Singh
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v. State of Bihar, 1962 SCC OnLine SC 6: 1962
Supp (2) SCR 769: AIR 1962 SC 955 ], SCC
OnLine SC para 24)
45.3. “Comments, however strongly worded,
expressing disapprobation of actions of the
Government, without exciting those feelings
which generate the inclination to cause
public disorder by acts of violence, would not
be penal.” (Kedar Nath Singh v. State of Bihar,
1962 SCC OnLine SC 6: 1962 Supp (2) SCR 769:
AIR 1962 SC 955, SCC OnLine SC para 24)
45.4. “A citizen has a right to say or write
whatever he likes about the Government, or
its measures, by way of criticism or
comment, so long as he does not incite
people to violence against the Government
established by law or with the intention of
creating public disorder.” (Kedar Nath Singh
v. State of Bihar, 1962 SCC OnLine SC 6: 1962
Supp (2) SCR 769: AIR 1962 SC 955, SCC OnLine
SC para 25)
45.5. “The provisions of the sections [ The
reference was to Sections 124-A and 505 IPC.]
read as a whole, along with the Explanations,
make it reasonably clear that the sections aim
at rendering penal only such activities as
would be intended, or have a tendency, to
create disorder or disturbance of public peace
by resort to violence.” (Kedar Nath Singh v.
State of Bihar, 1962 SCC OnLine SC 6: 1962 Supp
(2) SCR 769: AIR 1962 SC 955], SCC OnLine SC
para 26)
45.6. “It is only when the words, written or
spoken, etc., which have the pernicious
tendency or intention of creating public
disorder or disturbance of law and order, that
the law steps in to prevent such activities in
the interest of public order.” (Kedar Nath
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Singh v. State of Bihar, 1962 SCC OnLine SC 6:
1962 Supp (2) SCR 769: AIR 1962 SC 955, SCC
OnLine SC para 26)
45.7. (g) “We propose to limit its operation
only to such activities as come within the
ambit of the observations of the Federal
Court, that is to say, activities involving
incitement to violence or intention or
tendency to create public disorder or cause
disturbance of public peace.” (Kedar Nath
Singh v. State of Bihar, 1962 SCC OnLine SC 6:
1962 Supp (2) SCR 769: AIR 1962 SC 955], SCC
OnLine SC para 27)
As the statement of law at para 45.5 above indicates, it
applies to cases under Sections 124-A and 505IPC.
According to this Court, only such activities which would
be intended or have a tendency to create disorder or
disturbance of public peace by resort to violence are
rendered penal.
11. A similar view was taken in Manzar Sayeed Khan v.
State of Maharashtra, (2007) 5 SCC 1, wherein it was observed: -
16. Section 153-A IPC, as extracted hereinabove, covers a
case where a person by words, either spoken or written, or
by signs or by visible representations or otherwise,
promotes or attempts to promote, disharmony or feelings
of enmity, hatred or ill will between different religious,
racial, language or regional groups or castes or
communities or acts prejudicial to the maintenance of
harmony or is likely to disturb the public tranquillity. The
gist of the offence is the intention to promote feelings of
enmity or hatred between different classes of people. The
intention to cause disorder or incite the people to violence
is the sine qua non of the offence under Section 153-A IPC,
and the prosecution has to prove prima facie the existence
of mens rea on the part of the accused. The intention has
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to be judged primarily by the language of the book and the
circumstances in which the book was written and
published. The matter complained of within the ambit of
Section 153-A must be read as a whole. One cannot rely on
strongly worded and isolated passages for proving the
charge, nor indeed can one take a sentence here and a
sentence there and connect them by a meticulous process
of inferential reasoning.
17. In Ramesh v. Union of India [(1988) 1 SCC 668: 1988 SCC
(Cri) 266: AIR 1988 SC 775], this Court held that TV serial
Tamas did not depict communal tension and violence and
the provisions of Section 153-A IPC would not apply to it.
It was also not prejudicial to national integration, falling
under Section 153-B IPC. Approving the observations of
Vivian Bose, J., in Bhagwati Charan Shukla v. Provincial
Govt. [AIR 1947 Nag 1] The Court observed that
“the effect of the words must be judged from the
standards of reasonable, strong-minded, firm and
courageous men, and not those of weak and
vacillating minds, nor of those who scent danger
in every hostile point of view. … It is the standard
of an ordinary, reasonable man, or as they say in
English law, ‘the man on the top of a Clapham
omnibus’.” (Ramesh case [(1988) 1 SCC 668: 1988
SCC (Cri) 266: AIR 1988 SC 775], SCC p. 676, para 13)
18. Again, in Bilal Ahmed Kaloo v. State of A.P. [(1997) 7 SCC
431: 1997 SCC (Cri) 1094], it is held that the common
feature in both the sections, viz. Sections 153-A and
505(2), being promotion of feeling of enmity, hatred or ill
will “between different” religious or racial or linguistic or
regional groups or castes and communities, it is
necessary that at least two such groups or communities
should be involved. Further, it was observed that merely
inciting the feeling of one community or group without
any reference to any other community or group cannot
attract either of the two sections.
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12. This position was reiterated in Javed Ahmad Hajam v.
State of Maharashtra, (2024) 4 SCC 156: (2024) 2 SCC (Cri) 383:
2024 SCC OnLine SC 249 (supra), wherein it was observed at page
161: -
8. This Court in Manzar Sayeed Khan [Manzar Sayeed Khan
v. State of Maharashtra, (2007) 5 SCC 1 : (2007) 2 SCC (Cri)
417] referred to the view taken by Vivian Bose, J., as a
Judge of the erstwhile Nagpur High Court in Bhagwati
Charan Shukla v. Provincial Govt., 1946 SCC OnLine MP 5:
AIR 1947 Nag 1 A Division Bench of the High Court dealt
with the offence of sedition under Section 124-AIPC and
Section 4(1) of the Press (Emergency Powers) Act, 1931.
The issue was whether a particular article in the press
tends, directly or indirectly, to bring hatred or contempt
to the Government established in law. This Court has
approved this view in its decision in Ramesh v. Union of
India, (1988) 1 SCC 668: 1988 SCC (Cri) 266]. In the said
case, this Court dealt with the issue of the applicability of
Section 153-AIPC. In para 13, it was held thus : (Ramesh v.
Union of India, (1988) 1 SCC 668: 1988 SCC (Cri) 266], SCC p.
676)
“13. … the effect of the words must be judged from
the standards of reasonable, strong-minded, firm
and courageous men, and not those of weak and
vacillating minds, nor of those who scent danger in
every hostile point of view. … It is the standard of
an ordinary, reasonable man or as they say in
English law, ‘the man on the top of a Clapham
omnibus’. (Bhagwati Charan Shukla v. Provincial
Govt., 1946 SCC OnLine MP 5: AIR 1947 Nag 1], SCC
OnLine MP para 67)” (emphasis supplied)
Therefore, the yardstick laid down by Vivian Bose,
J., will have to be applied while judging the effect of
the words, spoken or written, in the context of
Section 153-AIPC.
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9. We may also make a useful reference to a decision of
this Court in Patricia Mukhim v. State of Meghalaya, (2021)
15 SCC 35. Paras 8 to 10 of the said decision read thus :
(SCC pp. 41-43)
“8. ‘It is of utmost importance to keep all speech
free in order for the truth to emerge and have a civil
society.’— Thomas Jefferson. Freedom of speech
and expression guaranteed by Article 19(1)(a) of
the Constitution is a very valuable fundamental
right. However, the right is not absolute.
Reasonable restrictions can be placed on the
right of free speech and expression in the
interest of sovereignty and integrity of India,
security of the State, friendly relations with
foreign States, public order, decency or morality
or in relation to contempt of Court, defamation
or incitement to an offence. Speech crime is
punishable under Section 153-AIPC. Promotion
of enmity between different groups on the
grounds of religion, race, place of birth,
residence, language, etc. and doing acts
prejudicial to the maintenance of harmony is
punishable with imprisonment which may
extend to three years or with a fine or with both
under Section 153-A. As we are called upon to
decide whether a prima facie case is made out
against the appellant for committing offences
under Sections 153-A and 505(1)(c), it is relevant
to reproduce the provisions, which are as
follows:
***
9. Only where the written or spoken words have
the tendency of creating public disorder or
disturbance of law and order or affecting public
tranquillity, the law needs to step in to prevent
such an activity. The intention to cause disorder or
incite people to violence is the sine qua non of the
offence under Section 153-AIPC, and the
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prosecution has to prove the existence of mens rea
in order to succeed. [Balwant Singh v. State of Pun-
jab, (1995) 3 SCC 214: 1995 SCC (Cri) 432]
10. The gist of the offence under Section 153-AIPC is
the intention to promote feelings of enmity or
hatred between different classes of people. The
intention has to be judged primarily by the
language of the piece of writing and the
circumstances in which it was written and
published. The matter complained of within the
ambit of Section 153-A must be read as a whole.
One cannot rely on strongly worded and isolated
passages for proving the charge, nor indeed can
one take a sentence here and a sentence there
and connect them by a meticulous process of
inferential reasoning [Manzar Sayeed Khan v.
State of Maharashtra, (2007) 5 SCC 1: (2007) 2 SCC
(Cri) 41s].”
(emphasis in original and supplied)
13. There is no averment in the FIR that any hatred or
discontent was directed towards the Government established by
law in India. The Pen Drive containing the images and the video
was also perused by me. Prima facie, they show that the
petitioner chatted with someone, and both of them criticised the
hostilities between India and Pakistan. They advocated that all
people, irrespective of their religion, should stay together, and
that the war serves no fruitful purpose. It is difficult to see how a
desire to end the hostilities and a return to peace can amount to
sedition.
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14. It is undisputed that no prohibited weapon was
recovered from the petitioner. Thus, merely posting the
prohibited arms forming the name of a person does not amount
to sedition.
15. It was submitted that the petitioner had raised the
slogan of Khalistan Zindabad. This Court was unable to locate
any such slogan in the data extracted from the mobile phone,
but assuming that it is correct, it was laid down by the Hon’ble
Supreme Court in Balwant Singh v. State of H.P. (1995) 3 SCC 124
that raising the slogan of Khalistan Zindabad does not amount
to any offence. It was observed:-
9. Insofar as the offence under Section 153-A IPC is
concerned, it provides for punishment for promoting
enmity between different groups on grounds of religion,
race, place of birth, residence, language, caste or
community or any other ground whatsoever or brings
about disharmony or feeling of hatred or ill-will between
different religious, racial, linguistic or regional groups or
castes or communities. In our opinion, only where the
written or spoken words have the tendency or intention
of creating public disorder or disturbance of law and
order or affect public tranquillity, that the law need to
step in to prevent such an activity. The facts and
circumstances of this case unmistakably show that there
was no disturbance or semblance of disturbance of law
and order, or public order or peace and tranquillity in the
area from where the appellants were apprehended while
raising slogans on account of the activities of the
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appellants. The intention to cause disorder or incite
people to violence is the sine qua non of the offence under
Section 153-A IPC, and the prosecution has to prove the
existence of mens rea in order to succeed. In this case, the
prosecution has not been able to establish any mens rea
on the part of the appellants, as envisaged by the
provisions of Section 153-A IPC, by their casually raising
the three slogans a couple of times. The offence under
Section 153-A IPC is, therefore, not made out.
16. In the present case, the slogans were posted, as per
the prosecution, on Facebook. There is no evidence, whatsoever,
at this stage to show that any person was excited towards
disaffection by posting these slogans. Thus, the mere posting of
the slogans will not prima facie amount to any offence.
17. The police have filed the charge sheet before the
learned Trial Court, and no fruitful purpose would be served by
detaining the petitioner in custody. The provisions of bail cannot
be used to punish a person before the proof of his guilt. Hence,
the petitioner deserves to be released on bail.
18. In view of the above, the present petition is allowed,
and the petitioner is ordered to be released on bail in the sum of
₹50,000/- with one surety of the like amount to the satisfaction
of the learned Trial Court. While on bail, the petitioner will abide
by the following terms and conditions: -
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(i)The petitioner will not intimidate the witnesses, nor
will he influence any evidence in any manner
whatsoever;
(ii)The petitioner shall attend the trial on each and
every hearing and will not seek unnecessary
adjournments;
(iii)The petitioner will not leave the present address for
a continuous period of seven days without
furnishing the address of the intended visit to the
SHO concerned, the Police Station concerned and the
Trial Court;
(iv)The petitioner will surrender his passport, if any, to
the Court; and
(v)The petitioner will furnish his mobile number and
social media contact to the Police and the Court and
will abide by the summons/notices received from the
Police/Court through SMS/WhatsApp/Social Media
Account. In case of any change in the mobile number
or social media accounts, the same will be intimated
to the Police/Court within five days from the date of
the change.
19. It is expressly made clear that in case of violation of
any of these conditions, the prosecution will have the right to
file a petition for cancellation of the bail.
20. The petition stands accordingly disposed of. A copy
of this order be sent to the Jail Superintendent, Lala Lajpat Rai
District and Air Correctional Home, Dharamshala, HP and the
learned Trial Court by FASTER.
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21. The observations made hereinabove are regarding
the disposal of this petition and will have no bearing whatsoever
on the case's merits.
22. A downloaded copy of this order shall be accepted by
the learned Trial Court while accepting the bail bonds from the
petitioner, and in case said Court intends to ascertain the
veracity of the downloaded copy of the order presented to it, the
same may be ascertained from the official website of this Court.
(Rakesh Kainthla)
Judge
1
st
January, 2026
(Chander)
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