Delhi HC Denies Anticipatory Bail to YouTuber Ajeet Bharti in SC/ST Act Case

The Delhi High Court on Thursday denied anticipatory bail to YouTuber Ajeet Bharti in a case over alleged casteist and derogatory remarks against Nagina MP Chandra Shekhar Azad and members of the Scheduled Caste community.

Justice Saurabh Banerjee held that offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act were prima facie made out against Bharti. The court said the statutory bar on pre-arrest bail applied and dismissed his plea.

Case Over Alleged Remarks

Bharti had challenged the Patiala House Courts September 7 order rejecting his anticipatory bail plea in FIR No. 30/2026, registered at North Avenue Police Station.

The FIR includes provisions of the SC/ST Act, Information Technology Act and Bharatiya Nyaya Sanhita (BNS). The prosecution alleges that Bharti made casteist and humiliating remarks about Azad and members of the Scheduled Caste community during an episode published on social media.

The trial court had found that the material prima facie disclosed an offence under Section 3(1)(r) of the SC/ST Act.

Why the Bail Plea Was Rejected 

• The alleged episode was published on a publicly accessible social media platform.
• The content had received more than 23,000 views.
• The trial court noted repeated references to caste names.
• The alleged remarks also referred to caste hierarchy and marriageability.
• Bharti’s counsel argued that the remarks were not made because of Azad’s caste identity.
• The Delhi Police and complainant argued that the remarks were publicly made and targeted a particular caste.

Bharti's Defence

Advocate Jai Anant Dehadrai argued that the SC/ST Act provisions were not attracted because there was no intention to insult or humiliate Azad on the ground of caste.

He said the remarks were made in the context of alleged comments concerning Bharti’s sister on social media. The Delhi Police and complainant opposed the plea, maintaining that the alleged remarks satisfied the requirements of the SC/ST Act.

The High Court also questioned the police during the September 16 hearing over why no notice had been issued to Bharti. Police said the investigating officer obtained his address only two days earlier. The High Court has now dismissed Bharti’s anticipatory bail plea.