In a significant ruling on free speech and online expression, the Himachal Pradesh High Court has granted regular bail to a Kangra resident accused of sedition-like offences for his social media activity. The court made it clear that merely criticising war or expressing a desire for peace cannot, by itself, be treated as an offence under the law.
The order was passed by Justice Rakesh Kainthla while hearing a bail plea filed by Abhishek, who had been in custody since May 2025.
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Background of the Case
The case arose from FIR No. 71 of 2025, registered at Dehra Police Station in Kangra district. Police claimed that during a patrol on May 28, 2025, they received secret information that Abhishek had uploaded photos and videos on Facebook showing prohibited weapons and foreign symbols.
According to the prosecution, the police visited his residence, checked his Facebook account, and found images showing weapons, a Pakistani flag, and chats allegedly supporting Khalistan and criticising “Operation Sindoor.” His mobile phone was seized and sent for forensic examination. No prohibited weapon, however, was recovered from his house.
Abhishek was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS), a provision corresponding to the old sedition law under Section 124A of the Indian Penal Code.
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The police later filed a charge sheet, and the trial was scheduled to begin with witness examination in January 2026.
Counsel for the petitioner argued that the allegations, even if accepted at face value, did not meet the legal requirement of sedition. He told the court that expressing opposition to war or advocating peace does not amount to inciting violence or public disorder.
On the other hand, the State opposed bail, claiming that the accused was in touch with Pakistani nationals and that the offence involved anti-national activities, making it a serious matter.
Court’s Observations
After examining the case records and digital material, the High Court took a cautious but firm view.
“The bench observed that there was no material to show any attempt to incite violence or create public disorder,” the order noted.
Justice Kainthla referred to multiple judgments of the Supreme Court of India, including rulings that limit sedition laws to acts that threaten public order or encourage violence. The court emphasised that strong criticism of government actions, even if unpopular, remains protected speech unless it crosses that line.
Importantly, the judge personally reviewed the seized digital data and found that the chats primarily reflected criticism of hostilities between India and Pakistan and expressed a wish for peace. “It is difficult to see how a desire to end hostilities and return to peace can amount to sedition,” the court said.
The court also noted that no prohibited weapon was recovered and that even alleged slogan postings on social media, without proof of impact or disturbance, did not attract criminal liability.
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Decision
Concluding that continued custody would serve no useful purpose, especially after filing of the charge sheet, the High Court allowed the bail petition.
The court ordered Abhishek’s release on a personal bond of ₹50,000 with one surety, subject to strict conditions. These include regular attendance before the trial court, non-interference with witnesses, surrender of passport, and disclosure of contact details.
“The provisions of bail cannot be used to punish a person before proof of guilt,” the court observed, while clarifying that its findings would not affect the merits of the trial.
Case Title: Abhishek v. State of Himachal Pradesh
Case No.: Cr. MP (M) No. 2763 of 2025
Case Type: Criminal Bail Petition
Decision Date: 1 January 2026
