The Allahabad High Court has granted bail to an undertrial accused under Section 152 of the Bharatiya Nyaya Sanhita (BNS). He was arrested on May 13, 2025, for allegedly forwarding a post and commenting “Pakistan Zindabad” on social media.
Justice Santosh Rai, while allowing the bail application observed that Section 152 BNS providing stringent punishment for acts endangering sovereignty and integrity of India requires strict application and cannot be invoked merely for social media remarks unless they are intended to promote secession, rebellion, or separatism. The Court noted that though the applicant’s post may have created disharmony, it would at best attract Section 196 BNS and not Section 152 BNS.
The Court cited Imran Pratapgadhi v. State of Gujarat 2025 SCC OnLine SC 678 emphasizing that freedom of thought and expression under Article 19(1)(a) must be construed from the standpoint of a reasonable, strong-minded person, and not based on weak or oscillating standards and relied on Manish Sisodia v. Directorate of Enforcement 2024 (SC) LawSuit 677 to underline the fundamental right to speedy trial under Article 21 and the broader constitutional mandate that bail, not jail, should be the rule for undertrial prisoners.
The Court directed the accused’s release on furnishing a personal bond with two sureties, subject to strict conditions, including regular appearance before the trial court, non-tampering of evidence, and abstaining from adjournments during evidence. The Court further warned that any breach would lead to cancellation of bail.
Appearances:
Applicant: Ajay Kumar Pandey, Alok Singh
Opposite Party: Counsel for Opposite Party(s) : G.A.