The Madhya Pradesh High Court has granted bail to Dr. Nasheem Bano, a guest faculty at Government Model College, Dindori, who was arrested for allegedly circulating religiously sensitive content via WhatsApp that hurt the sentiments of a particular community.
The case was registered under Sections 196 (promoting enmity between groups on religious grounds), 299 (acts intending to outrage religious feelings), and 353(2) (public mischief) of B.N.S., 2023. Dr. Bano had been in judicial custody since April 28, 2025, after her bail was rejected by the trial court on April 30, 2025.
According to the prosecution, the complaint was filed by Deependra Jogi who alleged that Dr. Bano shared a post and a video titled “Naya Ravan” in a WhatsApp group, which allegedly offended religious sentiments. The prosecution argued that the act was deliberate and meant to incite disharmony.
The applicant’s counsel, Senior Advocate Manish Datt along with Advocate Eshaan Datt, argued that the accused is a well-educated individual with no criminal history. It was also submitted that there was no malicious intent behind forwarding the content and that the accused should not be penalized merely for sharing a message.
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“Prima facie at the outset it can very safely be said that an educated person holding the post of Guest Faculty in the College has a greater responsibility when forwarding WhatsApp messages,” said Justice Avanindra Kumar Singh.
“But simply on the ground of forwarding messages or videos which may hurt the religious sentiments of a community, a person cannot be indefinitely kept in jail. The present applicant is in jail since 28.04.2025.”
The Government Advocate, while opposing the bail, admitted that no previous criminal record exists against the applicant.
The High Court, after hearing both sides and examining the case diary, found it appropriate to grant bail without commenting on the merits of the case. The Court acknowledged the responsibility of an educated person in using social media but clarified that forwarding a message, even if offensive, cannot be the sole ground for prolonged imprisonment.
“Considering the facts and circumstances of the case, this Court deems it appropriate to enlarge the applicant on bail,” stated the order.
Dr. Bano was granted bail upon furnishing a personal bond of ₹50,000 along with one solvent surety of the same amount. The Court also directed her to follow the conditions under Section 480(3) of BNSS, including not committing a similar offence, not influencing witnesses, and not tampering with evidence.
Case Title: Dr. Nasheem Bano Versus The State Of Madhya Pradesh, Misc. Criminal Case No. 20228 of 2025
