The Bombay High Court rejected the anticipatory bail plea of a Pune-based schoolteacher accused of sharing objectionable and communally provocative content on WhatsApp.
The FIR, registered at Kalepadal Police Station, invokes Sections 152, 196, 197, 352, and 353 of the Bharatiya Nyaya Sanhita, 2023, alleging that the applicant circulated offensive posts on 7 and 10 May 2025. The content included derogatory remarks against the Prime Minister, a video of the Indian flag being burnt, and visuals depicting a Pakistani flag with inflammatory undertones. The prosecution asserted that the material was aimed at provoking communal disharmony and posed a threat to national unity and public order.
While the applicant claimed innocence, asserting her right to free speech under Article 19(1)(a) of the Constitution and alleging vendetta due to a personal altercation, the Court found the content and timing of the posts to be deeply concerning. Justice R.N. Laddha observed that acts such as defiling the national flag and posting pro-Pakistan messages on social media can incite hostility and disturb public peace.
The Court highlighted that the investigation is at an early stage, and custodial interrogation is necessary to trace the origin of the content and assess the applicant’s role in its creation and dissemination. Noting the applicant’s professional role as a teacher and the associated moral responsibility, the Court held that granting anticipatory bail could hamper a free and fair investigation.
Accordingly, the application was dismissed.
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Nice post with brief idea of the case.