The Supreme Court has granted anticipatory bail to influencer Raushan Sinha in the Rahul Gandhi ‘Hindu’ remark case, ruling that his arrest was unnecessary and custodial interrogation not required, setting aside the Telangana High Court’s order.
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NEW DELHI: The Supreme Court of India granted anticipatory bail to social media influencer Raushan Sinha, who was accused of misquoting a statement made by Congress leader Rahul Gandhi during a Lok Sabha speech in July 2024.
A bench comprising Justices Dipankar Datta and Aravind Kumar observed that Sinha’s arrest was unnecessary and there was no need for custodial interrogation. The apex court also set aside a Telangana High Court order that had earlier refused to grant him pre-arrest bail.
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Background of the Case
The case originated from a July 1, 2024, speech in Parliament, during which Rahul Gandhi allegedly remarked that those “who call themselves Hindus are constantly engaged in violence, hatred, and lies.”
Following the speech, Sinha shared a post on the social media platform X on July 2, 2024, with an image of Gandhi and the caption:
“Those who are Hindus are violent”
— Rahul Gandhi.
The post sparked a strong backlash online. Subsequently, a Congress worker in Hyderabad filed a complaint with the Cybercrime Police Station, leading to the registration of FIR No. 1619/2024 under multiple sections of the Bharatiya Nyaya Sanhita (BNS), 2023, including Sections 352, 353(2), 353(1)(c), and 336(4), for alleged offences related to intentional insult, forgery, and publication of false statements.
Supreme Court’s Observations
In its detailed order dated November 11, 2025, the Supreme Court held that Sinha’s custodial interrogation was not required, noting that he was not arrested during the investigation and the chargesheet had already been filed on July 2, 2025.
The court stated:
“Having regard to the nature of accusation levelled, we are of the considered opinion that custodial interrogation of the appellant is not required and that there is sufficient ground for the appellant to be admitted to an order for grant of bail in anticipation of arrest.”
The court directed that if Sinha is arrested in connection with the FIR, he should be released on bail immediately, subject to conditions imposed by the trial court.
Sinha has also been instructed to cooperate with the investigation and refrain from influencing witnesses. The Supreme Court clarified that the bail order should not be construed as a finding on the merits of the case.
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Sinha’s Defence
Sinha’s legal counsel argued that the social media post was “political commentary” protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. They further contended that the FIR was politically motivated and aimed at silencing criticism of a prominent opposition leader.
Case Title:
Raushan Sinha vs. State of Telangana
SLP (Crl.) No. 9925 OF 2025
READ ORDER
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