Tripura High Court Grants Interim Bail To Content Creator Booked For 'Derogatory' Facebook Reel Against PM Modi

The Tripura High Court recently granted interim bail to an online content creator accused of making “derogatory remarks” against the Prime Minister of India, Narendra Modi, in a Facebook reel. The Court factored in that she has been in judicial custody for a considerable period and the investigation into the matter is already complete. A bench of Justice S Datta Purkayastha directed the release of the accused, Madhabi Biswas, noting that the offences alleged against her under the BNS and the IT Act entail a punishment of less than seven years. Importantly, the relief will remain effective only until the Chief Judicial Magistrate (CJM), West Tripura, decides on a pending petition filed by the Investigating Officer (IO) seeking a “custodial trial”. Briefly put, an FIR was lodged last year against her at the West Agartala Police Station on a complaint (Azahar) of one Rimpi Das. The complainant alleged that Biswas had posted on social media a reel containing obscenity against political leaders, including Prime Minister Narendra Modi and Chief Minister Manik Saha, concerning the PM's visit to the Matabari Temple at Udaipur on September 22, 2025. Based on these allegations, a case under Sections 356 and 356(3) BNS and Section 67 IT was registered. She was arrested in this case on November 25, 2025, though other cases are also pending against her and has been in custody since then. Her counsel argued that the allegations against her are not so serious and the prescribed punishment is also below 7 years. Therefore, bail may be granted on any condition. Opposing the plea, the state counsel submitted that the investigation was complete and a charge sheet had been filed and presently, a specific petition for a "custody trial" was pending before the Chief Judicial Magistrate. The prosecution argued that the bail application should be kept pending until the Magistrate decided on the issue of the custodial trial. Justice Purkayastha examined the offences alleged against her and observed that the punishment for a first offence under Section 67 is imprisonment of up to three years and up to five years for subsequent offences. "For almost about 2 months, she is in custody and investigation is already completed," the Court said. The High Court reasoned that keeping the bail matter pending solely to await the CJM's decision on the custody trial petition would "further linger the incarceration" of the accused. Thus, striking a balance between the liberty of the accused and the procedural jurisdiction of the lower court, the High Court held: "Considering all these aspects, Court feels it proper to dispose of the bail application by granting interim bail to the accused Madhabi Biswas in connection with this case till the petition filed by the I.O for custodial trial is decided by Ld. Chief Judicial Magistrate."Case title - Usha Rani Biswas on behalf of Madhabi Biswas vs. The State of TripuraCitation : Click Here To Read/Download Order

Tripura High Court Grants Interim Bail To Content Creator Booked For 'Derogatory' Facebook Reel Against PM Modi

Sparsh Upadhyay

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