Allahabad High Court: In a bail application filed by a man who was arrested for allegedly making social media posts against India and in support of Pakistan, the Single Judge Bench of Sanjay Kumar Singh, J., rejected the application, stating that the said posts were provocative, objectionable, and capable of inciting communal disharmony and disturbing public peace and order.
Background
The police received information through social media that the accused had uploaded a post on his Facebook ID in support of Pakistan, in which it was mentioned that “Kamran Bhatti Proud of You. Pakistan Zindabad,” and he had also put an Indian National Flag on the ground and made a dog sit upon it. Consequently, an FIR was registered against him under Sections 152, 192, 197(1), and 353(2) of the Bharatiya Nyaya Sanhita (‘BNS’), 2023. The FIR further alleged that from the said post, it seemed that when the whole country is struggling with the terrorist activities of Pakistan, the applicant, while living in India, is uploading anti-national posts against his own country. Accordingly, the accused was arrested by the police.
Thereafter, he filed a bail application before the Trial Court, which was rejected. Hence, the instant bail application.
Analysis
After hearing the parties and examining the matter in its entirety, the Court noted that during the investigation, it was established that the said social media post had been uploaded by the accused through his Facebook account. The Court also stated that another post made by him, where a dog was peeing on the Indian National Flag with the comment ‘Ab to kutty b mot rahe h’, was a matter of grave concern. Furthermore, he was unable to provide a satisfactory explanation for uploading these posts.
Considering the materials available on record, the Court stated that it was apparent that the accused’s feelings towards India were not patriotic, and prima facie, it appeared that he had intentionally posted the said posts with the intention of lowering the dignity of India. The Court also opined that the said posts were provocative, objectionable, and capable of inciting communal disharmony and disturbing public peace and order. The said posts indicated an inclination towards the glorification of anti-national ideology, which could not be ignored.
“The Indian National Flag is a symbol of pride and patriotism. It represents the hope and aspiration of the people of India.”
The Court further explained that the saffron colour indicates the strength and courage of the country, the white indicates peace and truth with the Dharma Chakra in the centre, and the green indicates the fertility, growth, and auspiciousness of the land.
“Every Indian citizen must safeguard and protect the National Flag of their dignity and honour. The Indian National Flag should not be intentionally allowed to touch the ground or the floor.”
The Court added that the National Flag should be revered and any comment or insult was a punishable offence.
“Any person who is directly or indirectly involved in maligning the image of our country (India) and the National flag in any manner is hazardous to society, hence such persons are not liable for any sympathetic consideration.”
Thus, considering the arguments, the facts and circumstances of the case, nature of the posts allegedly shared by the accused on social media, gravity of the offence, and their potential impact on societal harmony, the role assigned to him, and severity of the punishment, the Court held that there was no ground to release the accused on bail.
Accordingly, the bail application was rejected.
[Vasik Tyagi v. State of UP, 2025 SCC OnLine All 5791, decided on 08-09-2025]
Advocates who appeared in this case:
For the petitioner: Atul Kumar
For the respondent: Government Advocate
