Srinagar (J&K): Faisal Wani, the Youtuber, who was booked for uploading a video depicting the beheading of suspended BJP spokesperson Nupur Sharma, was granted bail after a week, on Monday. While granting bail to Wani on Saturday evening, Judicial Magistrate, Srinagar Ajay Kumar 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.
“The accused has been in police custody for the last seven days. The offences in question are not very severely punishable under the 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 a case would be unjust,” the order stated.
Wani was arrested by Jammu and Kashmir 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 communities.
Counsel for Wani argued that he had deleted the video immediately after it was uploaded. He, thereafter, released another video apologising for the content of the earlier video, Wani's council pointed out. The prosecution argued that the offence is non-bailable and heinous in nature and could affect the fragile and highly charged atmosphere. The Court after considering the rival arguments directed that the accused be released on bail subject to him furnishing a personal bond of Rs 20,000 and one surety of the same amount.
