The Lucknow bench of the Allahabad High Court on Friday denied anticipatory bail to folk singer Neha Singh Rathore in a criminal case registered against her for allegedly making baseless, anti-religious, and anti-national comments on social media. The court cited her lack of cooperation with the investigating agency as a primary ground for refusing relief.
A Single Judge Bench of Justice B R Singh passed the order rejecting Rathore’s plea. The court observed that despite specific directions issued by a coordinate bench earlier—which had dismissed her petition seeking the quashing of the First Information Report (FIR)—the singer had failed to cooperate with the ongoing investigation.
The bench further noted that the accused could not claim protection based on prior judicial proceedings, pointing out that even the Supreme Court had declined to grant her interim protection, limiting its relief only to the liberty to seek discharge at the appropriate stage of the trial.
The controversy stems from an FIR registered at the Hazratganj police station in Lucknow on April 27. The allegations against Rathore pertain to social media posts where she purportedly made comments targeting Prime Minister Narendra Modi, Home Minister Amit Shah, and the Bharatiya Janata Party (BJP).
According to the prosecution, these comments were made in the context of the tragic killing of 26 tourists in Pahalgam, Kashmir. The investigating authorities allege that the posts were not only baseless but also anti-religious and anti-national in nature.
Strongly opposing the anticipatory bail application, Government Advocate V K Singh submitted that the rights to freedom of speech and expression under Article 19 of the Constitution are not absolute and come with reasonable restrictions. He argued that Rathore had violated these constitutional limits by making derogatory remarks against high-ranking constitutional authorities.
The State counsel further contended that the timing and nature of the posts were critical, labeling them “anti-national” during a period of heightened tension with neighboring Pakistan. A specific submission was made regarding the international impact of her statements, with the prosecution claiming that her comments had received significant appreciation on social media platforms in Pakistan.
Additionally, the State argued that Rathore’s remarks regarding the Bihar elections also transgressed permissible legal boundaries. Highlighting her conduct during the probe, the Government Advocate informed the High Court that despite notices being issued, Rathore had failed to appear before the police for questioning, thereby impeding the investigation.
Considering the gravity of the allegations and the accused’s non-compliance with the investigative process, the High Court found no merit in granting anticipatory bail and dismissed the plea.
