Bharatiya Nagarik Suraksha Sanhita, 2023
Section 483—Denial of interim bail—Writ petition—Allegation of posting communal comments against the Muslim community on social media—Offence registered under Section 196(1)(a)/299/352/353(1)(c) of BNS—Obligation of the Court in an application under Article 226 of the Constitution of India pending final disposal to a challenge to an FIR to consider the grant of interim bail, especially when the personal liberty of the petitioner has been interfered with by the state action which is claimed to be in excess of state power—Considering the issues raised especially as regards the complaint not disclosing any cognizable offence including non-compliance of the provisions of Article 22 (1) of the Constitution read with Section 47 of the BNSS as regards the non disclosure of the grounds of arrest and as to whether a warrant of arrest which in itself is non speaking and devoid of any reasons could constitute adequate grounds, require further consideration by the Court—Noting the gravity of the offence and noting that the petitioner is a law student and is of tender age including the fact that the electronic gadgets having been seized there is little scope to tamper with the evidence and also considering the submissions of counsel for the petitioner that the petitioner is ready and willing to cooperate and participate in the investigation at this stage, without prejudice to her rights in the writ petition, the custodial interrogation of the petitioner is not necessary—Bail granted.
[Paras 21 to 24]