Delhi HC denies anticipatory bail to YouTuber Ajeet Bharti in SC/ST Act case

The Delhi High Court on Thursday, September 24, denied anticipatory bail to YouTuber Ajeet Bharti in a case registered against him under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Justice Saurabh Banerjee held that an offence under the SC/ST Act was prima facie made out against Bharti and that the statutory bar under the law applied to his plea for anticipatory bail. The court said the petition was therefore not maintainable. A detailed order is awaited.

Bharti had approached the High Court after a trial court on September 7 rejected his anticipatory bail plea in the case. The FIR was registered at North Avenue Police Station on August 23 under provisions of the SC/ST Act, Section 67 of the Information Technology Act and Sections 196(1)(c) and 351(3) of the Bharatiya Nyaya Sanhita.

The case relates to alleged remarks made by Bharti about Nagina MP Chandrashekhar Azad. The complaint was filed by Balakram Bauddh, Delhi state president of the Azad Samaj Party (Kanshi Ram), over a video posted on Bharti’s social media account.

During an earlier hearing, the High Court had reserved its order on Bharti’s anticipatory bail plea. The court had observed that the language allegedly used by Bharti was offensive and that he should have exercised greater caution while making the remarks.

A Delhi trial court had also earlier observed that the alleged remarks prima facie attracted provisions of the SC/ST Act, noting references to caste hierarchy and notions of caste-based purity.

The High Court’s decision means Bharti does not get protection from arrest through anticipatory bail in the case. A detailed order explaining the court’s reasoning is awaited.