New Delhi, March 10 – The Supreme Court on Wednesday allowed the anticipatory bail plea of folk singer Neha Singh Rathore in connection with a First Information Report (FIR) filed in Uttar Pradesh against her for allegedly objectionable social media posts about Prime Minister Narendra Modi and the Pahalgam terror attack.
A bench of Justices J.K. Maheshwari and Atul S. Chandurkar upheld its earlier interim order and directed that Rathore be released on anticipatory bail if she were arrested, noting that she had appeared before the authorities and cooperated with the investigation as directed by the apex court.
"In the facts of this case, without expressing any opinion on the merits of the case, we deem it appropriate to confirm the interim protection order and to release the petitioner on anticipatory bail," the Justice Maheshwari-led bench said.
It directed that, in the event of arrest, Rathore will be released on bail upon furnishing suitable bail bonds and sureties, subject to the terms and conditions to be determined by the Station House Officer of the concerned police station.
The Supreme Court further directed that Rathore "shall join the investigation as and when required and cooperate in the same" and also comply with the conditions specified under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The bench clarified that any violation of the conditions imposed could invite appropriate action, and the trial court would be at liberty to take necessary steps in accordance with the law.
The order came after the top court was informed that, in compliance with its earlier direction, Rathore had appeared before the investigating authorities and her statement had been recorded.
On January 7, the Justice Maheshwari-led Bench had issued notice on Rathore’s special leave petition (SLP) challenging the Allahabad High Court’s order denying her anticipatory bail and had granted her interim protection from arrest, directing that no coercive steps be taken against her subject to her cooperation with the investigation.
The FIR against the folk singer was registered at Hazratganj police station in Lucknow under several provisions of the Bharatiya Nyaya Sanhita, 2023, and Section 69(a) of the Information Technology Act over her social media posts, following a complaint by Abhay Pratap Singh alias Nirbheek.
In its impugned decision, the Allahabad High Court observed that the tweets and posts attributed to Rathore were made at a "crucial and sensitive time" following the April 22, 2025, Pahalgam terror attack, in which 26 tourists were killed, and held that the posts prima facie targeted the Prime Minister in a "disrespectful manner".
"Although Article 19 of the Constitution of India gives the right of freedom to all citizens, the same is subject to reasonable restriction for public order, decency or morality," the Allahabad High Court said, adding that the FIR and case diary indicated that the posts were against the Prime Minister and had the potential to disturb public order.
