Allahabad High Court grants bail in Pakistan posts case.

The Allahabad High Court has granted bail to a man accused of circulating objectionable social media content allegedly praising Pakistan, observing that the right to a speedy trial is a fundamental right of every accused and noting that despite charges having been framed months ago, the trial had not progressed with the examination of even a single witness.

Justice Arun Kumar Singh Deshwal passed the order while allowing the accused's second bail application. His earlier plea had been rejected on July 2 this year.

The case was registered under Sections 152 and 197 of the Bharatiya Nyaya Sanhita (BNS) [earlier similar to Sections 124 and 153B of the Indian Penal Code]. According to the prosecution, the accused had made objectionable social media posts viral after India's defeat by Pakistan and had allegedly circulated content including the slogan "Pakistan Zindabad".

The State further alleged that the posts insulted the Indian Army, the Prime Minister and the Defence Minister, and were prejudicial to national integration while encouraging separatist activities.

The defence, however, argued that there was no material to show that the accused himself had forwarded the alleged objectionable messages. It also submitted that although charges had already been framed in the case, not a single prosecution witness had been examined by the trial court. The accused had remained in custody since May 13, 2025, and continued incarceration violated his right to a speedy trial, counsel argued.

The defence also relied on the fact that a co-accused, against whom similar allegations of making the objectionable video viral had been levelled, had already been granted bail by a coordinate Bench of the High Court. On this basis, parity was also sought.

Why did the High Court grant bail despite the allegations?

After hearing both sides, court noted that the accused had remained in jail since May 13, 2025, and that charges had already been framed but the prosecution had not examined even a single witness.

"The speedy trial is the fundamental right of an accused," court observed while considering the delay in commencement of evidence.

Court also took into account that the co-accused had already been enlarged on bail. Besides parity, Justice Deshwal said the court had considered the nature of the offence, the evidence on record, the alleged role of the accused, overcrowding in jails, the heavy pendency of criminal cases before trial courts, and the principles laid down by the Supreme Court and the Allahabad High Court governing the grant of bail.

Without expressing any opinion on the merits of the prosecution case, court concluded that the accused was entitled to be released on bail.

What conditions did the high court impose?

While granting bail, the High Court imposed several conditions. Among them, it directed that the accused shall cooperate with the trial, refrain from influencing witnesses or tampering with evidence, and not engage in any criminal activity after release.

Significantly, court also restrained the accused from posting any material on social media that has the tendency to encourage separatist sentiments or that may be prejudicial or directed against any particular community. It clarified that violation of any of the bail conditions would constitute a ground for cancellation of bail.

Case Title: Asharaf Khan @ Nisrat v. State of Uttar Pradesh

Order Date: July 14, 2026

Bench: Justice Arun Kumar Singh Deshwal

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