Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a bail application filed by two men accused of promoting enmity by posting an Instagram reel in support of Iran, the Single Judge Bench of Ramkumar Choubey, J., allowed the application, holding that the offence had been registered solely based on the video which could not be said to promote enmity and without sufficient material.
Background
The complainant filed an FIR under Section 196(1)(a), Nyaya Sanhita, 2023, against the accused persons for saying “Iran Ka Sath Dene Ja Rahe Hai Sab Milkar Allahu Akbar Hindustan Ka Musalman Na Kal Dara Tha Na Ham Aaj Darengey” in an Instagram reel. Accordingly, the accused persons were arrested on 8 March 2026, and have been in jail since then.
Analysis
At the outset, the Court noted that the offence has been registered against the accused persons only based on the Instagram reel which did not have any content that could be said to be promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc. rather it only displayed a protest in favour of Iran in the backdrop of the Iran-USA war.
The Court further noted that the police registered an FIR against the applicants even without having sufficient material constituting the alleged offence. Therefore, it was a fit case for the grant of bail.
Accordingly, without commenting on the merits of the case, the Court allowed the application and directed the accused persons to be released on bail on furnishing a personal bond in the sum of Rs 50,000 each, with one surety in the like amount, to the satisfaction of the trial court concerned. The Court further directed that they shall comply with the provisions of Section 480(3), Nagarik Suraksha Sanhita, 2023.
[Wasim Khan v. State of M.P., Misc. Criminal Case No. 13867 of 2026, decided on 9-4-2026]
Advocates who appeared in this case:
For the petitioner: Zeeshan Siddiqui, Sharik Akeel Farooqui
For the respondent: Amit Pandey

