A Srinagar court has granted bail to Kashmir-based YouTuber Faisal Wani who was arrested by the Jammu and Kashmir Police for uploading a video depicting the beheading of suspended BJP spokesperson Nupur Sharma, reported Bar and Bench.
Judicial Magistrate 1st Class, Srinagar Ajay Kumar while granting bail to Wani, observed that the offences against accused do not carry severe punishment under law and the accused is neither a flight risk nor has any criminal antecedents.
Therefore, refusal of bail in such case would be unjust, the Court said, as per the report.
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“The accused has been in police custody for last 7 days. The offences in question are not very severely punished under law. Thus, there is no reasonable possibility of the accused fleeing the course of justice. No useful purpose would be served by the further detention of the accused person in any sort of custody. The refusal of the bail in such case would be unjust,” the order stated.
Sharma had made a controversial remarks on Prophet Mohammad during a TV debate and was soon suspended by the Bharatiya Janata Party (BJP) after it triggered a massive outrage globally.
Wani was arrested by J-K Police for putting out a video against Sharma. He was booked for offences under Sections 505(2) (statements creating or promoting enmity, hatred or ill will between classes) and 506 (punishment for criminal intimidation) of the Indian Penal Code for making and spreading viral video having tendency to create breach of peace among different classes/communities.
Counsel for Wani argued that he had deleted the video immediately after it was uploaded, the report reads.
He, thereafter, released another video apologising for the content of the earlier video, it was pointed out.
The prosecution argued that the offence is non-bailable and heinous in nature and could affect the fragile and highly charged atmosphere.
As per the report, the Court after considering the rival arguments directed that the accused be release on bail subject to him furnishing a personal bond of 20,000 rupees and one surety of the same amount.
Advocate Viqas Ahmad Malik represented Wani while Additional Public Prosecutor Mohsin Khan represented Jammu and Kashmir.