Sonal Bhargava | Prabhat Bandhulya
Case Title: Gangulappa Narasappa & Anr. v State of Karnataka
Judicial Magistrate 1st Class, Srinagar Ajay Kumar granted bail to Kashmir-based YouTuber Faisal Wani, who the Jammu and Kashmir Police arrested for uploading a video depicting the beheading of suspended BJP spokesperson Nupur Sharma.
As a result, the Court stated that refusing bail in such a circumstance would be unjust.
The BJP suspended Sharma after provocative remarks about Prophet Mohammad during a TV discussion, which sparked worldwide anger.
J&K Police arrested Wani after he released a video criticising Sharma. He was charged with violating the Indian Penal Code's Sections 505(2) (statements that create or promote enmity, hatred, or ill will between classes) and 506 (punishment for criminal intimidation) for creating and disseminating a viral video that had the potential to cause a breach of peace between different classes/communities.
Wani's lawyer said that he deleted the video as soon as it was uploaded.
It was pointed out that he then published another video apologising for the substance of the first video.
The prosecution contended that the crime is non-bailable and terrible in character and could harm the delicate and sensitive environment.
After hearing the opposing arguments, the Court ordered that the accused be released on bail, with a personal bond of $20,000 and one surety of the same amount.