Anticipatory bail granted for social media defamation and harassment under Section 353(2) of BNS.

The applicant sought anticipatory bail regarding Crime No. 0023/2026 registered at Police Station Deendayal Nagar, Raipur, for offences under Section 353(2) of the Bhartiya Nyaya Sanhita (BNS).

The complainant, Aadesh Soni, alleged that the applicant repeatedly defamed him on Facebook and YouTube by using his photos and videos without permission and labeling him with derogatory epithets such as "terrorist," "traitor," "smuggler," and "charsi-addict".

The applicant contended he is a recognized social worker (Gau-Sevak) and that the complaint was motivated by a personal grudge.

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) in light of the allegations of public defamation and mental harassment.

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides for the grant of bail to persons apprehending arrest.

The substantive charge was considered under Section 353(2) of the Bhartiya Nyaya Sanhita (BNS).

The Court’s discretion was guided by established principles regarding the nature of the accusation, the applicant's cooperation with the investigation, and the anticipated duration of the trial.

The Court evaluated the facts and circumstances of the case, specifically noting the nature of the allegations involving social media-based defamation.

It took into account the applicant’s submission that he is a permanent resident with no likelihood of absconding and his undertaking to cooperate fully with the investigative process.

The Court observed that because the investigation and trial were likely to take considerable time, the applicant's incarceration during this period was not warranted.

The Court balanced the gravity of the allegations against the applicant's right to liberty, concluding that the interests of justice would be served by granting bail subject to stringent conditions to ensure his presence at trial and to prevent witness tampering.

The Court held that in the event of arrest, the applicant shall be released on bail upon executing a personal bond with one surety.

The relief was granted subject to conditions: (a) the applicant must not induce or threaten witnesses; (b) he must not prejudice the trial; (c) he must appear before the trial court on all scheduled dates; (d) he must provide Aadhaar and photographic verification; and (e) he must not commit similar offences in the future.