Delhi HC Grants Anticipatory Bail to Actor Ajaz Khan in FIR Over Sexually Explicit Remarks on YouTuber Harsh Beniwal’s Family

The Delhi High Court on Thursday, October 9, 2025, granted anticipatory bail to actor Ajaz Khan, who had been booked for posting social-media videos in which he allegedly made sexually explicit remarks against the mother and sister of YouTuber Harsh Beniwal.

Justice Ravinder Dudeja, who presided over the matter, observed that “the arrest should not be mechanical or automatic, especially when no necessity is demonstrated for custodial interrogation.”

The Bench noted that the prosecution’s case is based on a video recorded from Khan’s phone, which is already in the custody of the Bombay Police. “In such circumstances, the need for custodial interrogation of the petitioner does not arise, particularly when the relevant documents are no longer within his control,” the Court said.

The Court added that no material had been placed on record to suggest Khan was a flight risk. “The apprehension of the State of non-cooperation cannot override the principle of bail, not jail,” Justice Dudeja said, noting that the offences carry a maximum sentence of three years and a fine.

Khan, the Court recorded, had undertaken to cooperate with the investigation and provide his voice samples to the Forensic Science Laboratory. “The law leans in favour of liberty,” the Court observed.

The FIR against Khan was registered at the Cyber Police Station in Delhi under Section 79 of the Bharatiya Nyaya Sanhita (formerly Section 509 IPC) and Section 67 of the Information Technology Act.

The complaint, filed by Harsh Beniwal’s mother, alleged that Khan had posted a reaction video containing sexually explicit remarks against her and her daughter following a parody video titled “A Day With Najayaz Bhai” uploaded by Beniwal. The parody video had carried a disclaimer stating that it was a work of fiction.

According to the prosecution, Khan later posted another video issuing threats, prompting his booking under the BNS and IT Act provisions.

Counsel for Khan submitted that the video was posted in retaliation to Beniwal’s earlier video, which, they claimed, contained derogatory language and obscene gestures describing the actor as a “drug peddler” and “molester.” The defence argued that the reaction was spontaneous and the video had since been taken down.

The State, however, opposed the bail plea, arguing that the offences alleged carry “grave social implications, especially in the context of online gender-based abuse, vulgarity and digital defamation.” It stressed that such conduct must be curbed “through strict legal enforcement to prevent misuse of social platforms and protect the dignity of women.”

 Taking note of the submissions, Justice Dudeja issued a word of caution to social-media users, particularly influencers. “Every content on the internet must be uploaded with great caution, especially when the uploader has a large audience and exercises influence in society,” the Court said.

The Court observed that while the internet has made knowledge widely accessible, it also exposes content to audiences of all ages. “The freedom of speech and expression granted by the Constitution under Article 19 must be exercised within the bounds of the reasonable restrictions it places. When the speech crosses the line into insult, humiliation or incitement, it collides with the right to dignity. Free speech should therefore not trample on dignity, and vice versa.”

Khan was directed to furnish a personal bond of ₹30,000 with one surety of the same amount. He must cooperate in the investigation, refrain from contacting witnesses, surrender his passport, and inform the authorities of any change in his address or phone number.

"The petitioner shall surrender his mobile phone as and when received back from the Bombay Police," the Court added.

Case Title: Ajaz Khan vs State (NCT of Delhi)

Bench: Justice Ravinder Dudeja

Order Date: October 9, 2025