Allahabad High Court: In a bail application filed by the accused seeking release during the pendency of the trial in a case registered under Section 152 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), the Single judge Bench of Arun Kumar Singh Deswal, J., said that the video uploaded by the accused on his WhatsApp status did not attract the ingredients of Section 152 BNS.
Taking into account the nature of the alleged offence, the available evidence, and the complicity of the accused, the Court held that there was no prima facie material to justify continued detention under Section 152 BNS. Without expressing any opinion on the merits of the case, the Court opined that the accused was entitled to be enlarged on bail.
The case arose from allegations that the accused had uploaded a video on his WhatsApp status, which featured images of the Prime Ministers of India and Pakistan, along with background audio suggesting dissatisfaction among citizens and promoting hostile rhetoric. The prosecution contended that the content was provocative and fell within the ambit of Section 152 BNS.
However, the accused argued that even if the video was indeed uploaded as alleged, the ingredients of Section 152 BNS were not attracted. He further submitted that the accused had no prior criminal history, had been in custody since June 11, 2025, and that the chargesheet had already been filed.
After hearing both sides and reviewing the case materials, the Court held that the video in question did not satisfy the necessary elements of Section 152 BNS. The Court observed that mere uploading of such content, without more, could not constitute the offence as defined under the law.
Accordingly, the Court ordered that the accused be released on bail upon furnishing a personal bond and two sureties, subject to the following conditions:
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He shall not threaten or influence any witnesses.
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He shall cooperate with the trial and not seek unnecessary adjournments.
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He shall not engage in any further criminal activity or post objectionable content on social media.
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He must comply with all terms of his bail bond.
The Court further directed the Trial Court to verify the identity, residence, and sureties of the accused before accepting the bonds.
[Javed v. State of UP, Criminal Miscellaneous Bail Application No. 22482 of 2025, decided on 08-10-2025]
Advocates who appeared in this case:
Counsel for Applicant(s): Hemant Kumar, Satyendra Kumar Tripathi
Counsel for Opposite Party(s): G.A
