The Allahabad High Court has granted bail to a Meerut resident, Javed, who was accused of posting a video on his WhatsApp status purporting to show Prime Minister Narendra Modi and the Prime Minister of Pakistan urging each other to “exchange poisonous words” and “engage in war,” accompanied by audio suggesting both nations’ citizens were discontented and wished to depose their leaders. The video allegedly proposed that such hostility would ensure public silence for five years. The bench led by Justice Arun Kumar Singh Deshwal, after examining the FIR and submissions, held that the video, at face value, did not satisfy the requisite elements of Section 152 of the Bharatiya Nyaya Sanhita, which penalizes acts prejudicial to India’s sovereignty, unity, and integrity. The court noted that, even accepting the allegations as true, the case did not fall within Section 152’s ambit.
Javed’s counsel argued that the applicant had no prior criminal record, had already been in custody since June 11, 2025, and that the police had filed a chargesheet. The state, through the Additional Government Advocate, opposed the bail on the ground that the content of the video was capable of inciting disharmony and undermining national integrity under Section 152. The court found merit in the defense’s submissions and granted bail without expressing any opinion on the merits of the case. The bail was subject to conditions: the applicant would cooperate in trial and investigation, refrain from uploading objectionable social media content, and avoid engaging in criminal activity. The court also cautioned that breach of these conditions could lead to cancellation of bail.
While underscoring that it was not pronouncing on the substantive issue, the court’s decision indicates judicial scrutiny over whether the threshold for serious offences under national security provisions has been crossed in cases involving online speech.
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