MP High Court Grants Anticipatory Bail to Journalist Accused of Defaming Cop, Cites 'Arnesh Kumar' Guidelines

Indore, M.P. - The Madhya Pradesh High Court recently granted pre-arrest bail to a journalist accused of creating and circulating a defamatory video of a police officer, highlighting that the investigation officer is expected to follow the guidelines laid down in the landmark Arnesh Kumar case for offences punishable with less than seven years of imprisonment.

Justice Sanjeev S Kalgaonkar, while allowing the anticipatory bail plea of reporter Rafiq Khan, observed that there was "prima facie substance" in the journalist's contentions that the case might be a retaliation for prior complaints he had lodged against police officials.

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Background of the Case

The case originates from an FIR registered at Police Station-Station Road Ratlam under Sections 336(3) (fabricating false evidence) and 336(4) (fabricating false evidence with intent to procure conviction of offence) of the Bharatiya Nyaya Sanhita (BNS), 2023. The applicant, Rafiq Khan, a 42-year-old reporter, apprehended his arrest following a complaint by Head Constable Mahendra Tiwari.

The constable alleged that on June 12, 2025, while he was issuing a traffic challan, Khan recorded a video of the incident. This video, according to the complaint, was later edited, manipulated, and broadcasted on the YouTube channel "Tej India" on June 28, 2025, falsely depicting the officer as accepting a bribe. The constable claimed this act harmed his reputation and caused social disrepute.

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Arguments in Court

Applicant's Submissions:

• Advocate Shri Daya Nath Pandey, representing Rafiq Khan, argued that his client was falsely implicated. He stated that Khan was performing his professional duty as a reporter.
• It was submitted that Khan had previously filed complaints against the SHO of P.S. GRP, Ratlam, concerning illegal activities, suggesting the current FIR was a retaliatory measure.
• The counsel contended that the video was neither manipulated nor forged. Khan had simply recorded the incident and forwarded it for reporting, with no intention to cause wrongful loss or harm.
• Crucially, it was argued that the police were attempting to arrest and humiliate Khan without following the mandatory procedure of issuing a notice under Section 482 of the BNSS, as established by the Supreme Court in Arnesh Kumar Vs. State of Bihar and Satender Kumar Antil Vs. CBI for offences with a maximum punishment of less than seven years.

State's Opposition:

• Shri Romil Verma, the public prosecutor, opposed the bail application, citing the gravity of the offence.
• The State also pointed to a prior criminal antecedent against the applicant, although Khan's counsel clarified that he had been acquitted in that case (Crime No. 130/2016) on August 20, 2025.

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Court's Rationale and Precedents

Justice Kalgaonkar's order emphasized the procedural safeguards for arrest in minor offences and the context surrounding the allegations.

> "The fact remains that both the offences are punishable with imprisonment for less than 7 years. The investigation officer is expected to follow the guidelines laid down in cases of Arnesh Kumar and Satender Kumar Antil (supra). The contentions raised by the applicants have prima facie substance, looking to the previous complaint lodged by the applicant with higher police officials."

The Court noted that the veracity of the video and Khan's complicity would be determined during the trial. It considered several factors in favor of granting bail: - The applicant's profession as a news reporter and his family responsibilities. - The absence of any pending criminal antecedents. - The unlikelihood of him fleeing justice, tampering with evidence, or influencing witnesses. - The Court reasoned that incarceration was not necessary for the investigation and would cause undue hardship, social disrepute, and humiliation to the applicant.

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Final Decision

Without commenting on the merits of the accusation, the High Court concluded that it was inclined to grant anticipatory bail.

The Court directed that in the event of arrest, Rafiq Khan shall be released on bail upon furnishing a personal bond of Rs. 50,000 with a solvent surety of the like amount. The bail is subject to standard conditions, including cooperation with the investigation and not leaving India without prior permission of the court. The order is set to remain effective until the end of the trial.