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The bench noted that while the allegations were serious, the accused had no previous criminal history and faced an uncertain wait for trial to conclude
The court, however, imposed tough conditions. (News18 Hindi File)
The Allahabad High Court recently granted bail to a Muzaffarnagar man accused of circulating a video allegedly produced in Pakistan that mocked the Prime Minister of India. The video, shared through WhatsApp, triggered charges under the Unlawful Activities (Prevention) Act and provisions of the Bharatiya Nyaya Sanhita, offences the State described as grave and threatening to national security.
The accused has been in custody since May 10 this year. Police booked him under Sections 353(2), 147, 152, 196, 197(1)(d) of B.N.S. and Section 13(A) of Unlawful Activities (Prevention) Act, after claiming that the clip he shared could disturb communal peace. A charge sheet has already been filed.
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The Additional Government Advocate (AGA) opposed the bail, insisting that his actions endangered sovereignty and that his release would risk fresh offences. “He circulated the video which was prepared in Pakistan and due to conduct and behaviour of the accused-applicant, the National Security and the social order was adversely affected,” the AGA submitted.
He further apprised the court that the FIR specifically named the accused. However, the AGA acknowledged that the video was not created by him but only shared through his mobile phone, recovered during investigation. It was argued that releasing him on bail could lead to a repeat of such conduct and result in misuse of liberty.
But the counsel for the accused countered with allegations of a false case, saying the FIR was concocted to harass the accused. The counsel argued that the alleged recovery of a mobile phone was fabricated and that no independent witnesses had backed the investigation. They also highlighted the man’s clean record and months of incarceration without trial.
The bench of Justice Santosh Rai, after weighing the arguments, noted that while the allegations were serious, the accused had no previous criminal history and faced an uncertain wait for trial to conclude. Importantly, the judge pointed to severe overcrowding in jails, citing the Supreme Court’s observations in Manish Sisodia v. Directorate of Enforcement (2024) about the need to decongest prisons.
Ordering his release on September 9, court imposed tough conditions: The man must not tamper with evidence, must attend trial hearings without seeking adjournments when witnesses are present, and must personally appear at key stages such as charge framing. Any slip, the court warned, would mean immediate cancellation of bail.
About the Author
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More
Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More
September 17, 2025, 19:24 IST
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