FAROOQ AHMAD Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 102 of 2025, dtd. 9/5/2024, registered for the commission of offences punishable under Ss. 152, 196 and 197 of Bharatiya Nyaya Sanhita, 2023 (BNS).

(2.) It has been asserted that the petitioner was arrested on 9/5/2025 based on false allegations made against him. The petitioner has no role in the commission of the crime. He was apprehended based on suspicion. The petitioner is a respectable person in society. The investigation is complete, and the custody of the petitioner is not required. No fruitful purpose would be served by detaining the petitioner in custody. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the informant made a complaint that the petitioner had shared anti-Nation, anti-Army, anti-Hindu and anti-Prime Minister videos which had hurt the feelings of common people. The police registered the FIR and conducted the investigation. One video shows the insulting comments which affect the sovereignty and integrity of the country. In one video, a Pakistani National was making insulting comments about the Prime Minister of India. One video of the Pakistani News Channel, All India News 24x7, was also shared in which a Reporter was making insulting comments about the Indian Army. The police seized the mobile phone and arrested the petitioner. The petitioner had shared the videos of his Facebook post. The mobile number was found in the name of the petitioner. A request was sent for the retrieval of the data, but this request was rejected by Meta, the owner of Facebook. FIR No. 65/07 was registered against the petitioner, in which he was convicted. Another FIR No. 52/2021 is pending against the petitioner. The electronic device has been sent to RFSL, Dharamshala and the result of the analysis is awaited. A charge sheet would be filed after the receipt of the prosecution sanction. Hence, the status report.