The Lucknow Bench at Allahabad High Court on Friday refused to grant folk singer Neha Singh Rathore anticipatory bail in the criminal case registered against her for allegedly posting a tweet that targeted Prime Minister Narendra Modi and commented on the Pahalgam terrorist
Justice Brij Raj Singh noted that the tweets in question were made at a crucial time after the terror attack and had referred to the Prime Minister in a “disrespectful" manner.The Court ultimately refused to grant her anticipatory bail, observing that the allegations required a full investigation rather than pre-trial protection. It also rejected arguments that Rathore had merely expressed her freedom of speech.
"Although Article 19 of the Constitution of India gives right of freedom to all citizens, but the same is subject to reasonable restriction for public order, decency or morality. The applicant (Rathore) had made certain tweets at the crucial time when the unfortunate Pahalgam incident took place on 22.04.2025 and the case diary as well as FIR goes to show that tweets posted by the applicant are against the Prime Minister of India. Name of the Prime Minister of India has been used in disrespectful manner," it held.
The case relates to Rathore’s social media posts made shortly after a terrorist attack in Pahalgam, Jammu and Kashmir, on April 22, 2025, in which 26 Hindu tourists were killed.The FIR was lodged at Hazratganj Police Station, Lucknow, under multiple Sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), as well as Section 69(a) of the Information Technology Act, 2008 (IT Act), which empowers the government to block objectionable online content. The charges range from inciting disruptive acts and obstructing public servants (Sections 196, 353 of BNS) to affecting national integrity (Section 152).
The State countered that some of her content had been shared abroad, including in Pakistan, and could influence public opinion and impact national security.The State's counsel contended that Rathore's tweets were not warranted at a time when the government was taking all steps to combat national security threats.The State added that Rathore's tweets were malicious, and that by such comments, Rathore also tried to create hatred between Hindus and Muslims.
However, on October 13, the Supreme Court also refused to interfere with the investigation, allowing her to raise any objections later when the formal charges are framed. During hearings of the present anticipatory bail plea, investigating officers reported that Rathore had repeatedly failed to appear before them, changed her address multiple times, and did not cooperate with the inquiry.
The Court factored this aspect as well while dismissing Rathore's anticipatory bail.However, it clarified that Rathore is still entitled to raise all her legal objections later, either during the trial or when the trial court considers whether formal charges should be framed.
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