21 Jun 2022 9:30 AM GMT
A Srinagar Court has granted bail to a Kashmir-based YouTuber Faisal Wani who had been arrested by the Jammu and Kashmir Police last week for allegedly uploading a video depicting the beheading of suspended BJP spokesperson Nupur Sharma for her remarks on Prophet Muhammad. The accused is said to have posted the video in question on his YouTube channel wherein the bare-bodied...
A Srinagar Court has granted bail to a Kashmir-based YouTuber Faisal Wani who had been arrested by the Jammu and Kashmir Police last week for allegedly uploading a video depicting the beheading of suspended BJP spokesperson Nupur Sharma for her remarks on Prophet Muhammad.
The accused is said to have posted the video in question on his YouTube channel wherein the bare-bodied YouTuber, wielding a sword had espoused violence and depicted beheading a photo of Sharma.
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.
"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 observed.
Immediately after his act the youtuber had been arrested by J&K Police and 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 the youtuber contended that the applicant had deleted the VFX video immediately after it was uploaded and in order to express his remorse, released another video apologising for the content of his earlier video.
Contesting the application seeking grant of bail the prosecution argued that the act of the accused is extremely grave and besides causing panic and alarm in general public has also a strong tendency for glorifying violence particularly among children. It was further contended that the offence is non-bailable and heinous in nature and could affect the fragile and highly charged atmosphere. The investigation in the matter is still in its initial stage and all the angles of the commission of the offence are yet to be identified and investigated upon, the prosecution argued.
The Court after considering the rival arguments the court directed that the accused be release on bail subject to him furnishing a personal bond of 20,000 and one surety of the same amount.
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