{"id":363927,"date":"2025-10-15T18:30:16","date_gmt":"2025-10-15T13:00:16","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=363927"},"modified":"2025-10-24T09:34:21","modified_gmt":"2025-10-24T04:04:21","slug":"allahabad-hc-bail-man-accused-sharing-whatsapp-video-pm-modi-alleged-war-comments","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/10\/15\/allahabad-hc-bail-man-accused-sharing-whatsapp-video-pm-modi-alleged-war-comments\/","title":{"rendered":"Allahabad HC grants bail to man accused of sharing WhatsApp video featuring PM Modi and Pakistan PM"},"content":{"rendered":"
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Allahabad High Court:<\/span> In a bail application filed by the accused seeking release during the pendency of the trial in a case registered under Section 152<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a> (‘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<\/a> BNS<\/a>.<\/p>\n

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<\/a> BNS<\/a>. Without expressing any opinion on the merits of the case, the Court opined that the accused was entitled to be enlarged on bail.<\/p>\n

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<\/a> BNS<\/a>.<\/p>\n

However, the accused argued that even if the video was indeed uploaded as alleged, the ingredients of Section 152<\/a> BNS<\/a> 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.<\/p>\n

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<\/a> BNS<\/a>. The Court observed that mere uploading of such content, without more, could not constitute the offence as defined under the law.<\/p>\n

Accordingly, the Court ordered that the accused be released on bail upon furnishing a personal bond and two sureties, subject to the following conditions:<\/p>\n