No Community Targeted: Allahabad High Court Grants Bail In “Behead” Instagram Post Case

The Allahabad High Court has granted bail to a man accused of posting on social media, “I love Mohammed and can both get beheaded for him and behead others,” observing that the content did not target any specific caste or community and that the accused had no prior criminal history.

The order was passed by the bench of Justice Rajiv Lochan Shukla on a bail application filed by Nadeem in connection with case registered at Budhana police station in Muzaffar Nagar district last year. The case had been lodged under Sections 353(2) (corresponding to Section 505, IPC), 192 (corresponding to Section 153, IPC), and 152 of the Bharatiya Nyaya Sanhita, 2023 (a newly added Section).

According to the prosecution, Nadeem had posted certain objectionable comments on his Instagram handle, which led to the registration of the FIR. The State opposed the grant of bail, arguing that the content was inflammatory in nature and had the potential to disturb public order. The Additional Government Advocate referred to another bail matter arising out of Bareilly district, claiming that similar slogans had previously triggered widespread riots and caused damage to property.

However, court noted a crucial distinction. It observed that the Bareilly case cited by the State involved a different individual and a separate set of circumstances. The prosecution was unable to establish any direct connection between that incident and the present case.

On the other hand, counsel for the applicant argued that Nadeem had been falsely implicated and that the allegations were being overstated. It was submitted that the applicant had been in custody since October 7, 2025, and that a charge-sheet had already been filed, indicating completion of investigation. The defence further pointed out that there was no likelihood of the trial concluding in the near future.

Importantly, court took note of the fact that Nadeem did not have any criminal antecedents. It also examined the nature of the allegedly objectionable post and observed that it did not mention or target any particular caste or community. 

Considering the submissions and material on record, court held that continued incarceration of Nadeem was not justified at this stage. It emphasised the period of custody already undergone, the absence of prior criminal history, and the completion of investigation as relevant factors favouring the grant of bail.

Accordingly, court allowed the bail application and directed that Nadeem be released on bail upon furnishing a personal bond and two sureties of like amount to the satisfaction of the trial court.

Court imposed standard conditions to ensure the integrity of the trial process. It directed that Nadeem shall not tamper with evidence, shall not engage in any criminal activity, and shall not intimidate or influence prosecution witnesses. Nadeem has also been directed to cooperate in the trial and appear before the trial court on all dates fixed, unless exempted.

Court further clarified that any breach of these conditions would give the trial court liberty to cancel the bail. It also directed that the release order be processed through the Bail Order Management System to ensure timely release of Nadeem.

Case Title: Nadeem vs. State Of U.P. Through Principal Secretary (Home), Lucknow

Order Date: May 4, 2026

Bench: Justice Rajiv Lochan Shukla