Anticipatory bail granted to journalist where FIR for extortion followed disclosure of sting operation to authorities.

The applicant, a journalist with Tehelka Digital News, conducted sting operations to expose illegal sex determination and abortions in Dewas, MP

Subsequently, multiple FIRs were registered against the applicant, including Crime No. 205/2026 at P.S. Kotwali, alleging conspiracy and extortion under Sections 308(5), 308(6), 61(2), and 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023

The applicant moved the High Court for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), contending that the FIR was a retaliatory measure filed only after the sting operation footage had already been submitted to high-ranking state officials and the NHRC between April 6–10, 2026

1. Whether the applicant is entitled to the protection of anticipatory bail given the allegations of extortion and conspiracy under the BNS

2. Whether the prior disclosure of investigative material to state authorities negates the prima facie allegation of attempted extortion

The court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of anticipatory bail (analogous to Section 438 of the CrPC, 1973)

The substantive charges involved Sections 308(5) and 308(6) (Extortion/Attempt), 61(2) (Criminal Conspiracy), and 3(5) (Joint Liability) of the Bhartiya Nyaya Sanhita (BNS), 2023

The court also considered the principle of parity, noting that a co-accused had already been granted bail and another had received interim protection from the Supreme Court

The Court examined the timeline of events to evaluate the bona fides of the prosecution. It observed that the applicant had dispatched the sting operation videos to the Commissioner of the Health Department, the DGP of Madhya Pradesh, and the NHRC on April 6, 2026. The FIR alleging extortion was registered subsequently on April 7, 2026.

The Court reasoned that the possibility of extortion is significantly diminished when the incriminating material has already been voluntarily surrendered to the highest state authorities before the complaint was lodged

Furthermore, the court noted that the applicant’s actions appeared to be in the interest of public journalism and that co-accused persons had already received similar or higher judicial protection

The Court allowed the application for anticipatory bail. It held that in the event of arrest, the applicant shall be released upon executing a personal bond of Rs. 50,000/- with one solvent surety. The Court directed the applicant to cooperate with the interrogation and abide by the conditions of bail.