Srinagar court has granted bail to Kashmir-based YouTuber Faisal Wani who was arrested by the Jammu and Kashmir Police for uploading a video depicting the beheading of suspended BJP spokesperson Nupur Sharma, reported Bar & Bench.
Judicial Magistrate, Ajay Kumar while granting bail to Wani observed that the offences against the accused do not carry severe punishment under the law.
“The accused is neither a flight risk nor has any criminal antecedents. Therefore, refusal of bail in such a case would be unjust,” the Court said.
The srinagar resident has been in police custody for the last 7 days.
Mr Faisal was arrested by J&K Police for putting out a video showing beheading of Nupur Sharma who had made blasphemous remarks against the last prophet of Islam.
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 over the video that went viral on social media.
Police had said that the video subsumes a tendency to create breach of peace among different classes/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, it was 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 released bail subject to him furnishing a personal bond of ₹20,000 and one surety of the same amount.
Advocate Viqas Ahmad Malik represented Wani while Additional Public Prosecutor Mohsin Khan represented the Union Territory of Jammu and Kashmir.