'No Societal Harm': Allahabad HC Grants Anticipatory Bail in Case Over Govt-Critical Post After Pahalgam Attack

The Allahabad High Court has granted anticipatory bail to a man accused of sharing a social media post critical of government actions in the aftermath of the April 22, 2025, terror attack in Pahalgam, Jammu & Kashmir.

Court observed that the prosecution had failed to demonstrate that the alleged offence had an impact on society at large or that it could cause any harm.

The bail application was filed by Azaz Ahmad, who had been booked under Sections 353(3) and 152 of the Bharatiya Nyaya Sanhita (BNS) at Izzatnagar Police Station, Bareilly. According to the prosecution, Ahmad had posted objectionable remarks against the government on social media during the period of national mourning following the attack.

As per the FIR, Sub-Inspector Mukesh Chauhan reported that while he was in the Munshinagar area, he witnessed a candlelight vigil being held by residents in honour of the victims. Around the same time, a post questioning the government’s narrative began circulating widely on social media. The message urged people to shift focus away from claims that the attackers asked for victims’ names before firing and instead called for accountability regarding the security failure that allowed the attack to occur.

The police claimed that the timing and tone of the post aggravated communal tensions and disrupted public harmony during a sensitive period.

The post bore Ahmad’s name and identified him as the District President of the Mulayam Singh Youth Brigade, further amplifying its reach and visibility.

However, pleading for pre-arrest bail, Ahmad's counsel argued that the offence under Section 353 of the BNS, which carries a sentence of less than seven years, may be applicable at best, and that the more serious charge under Section 152 BNS was not justified. He submitted that criticizing the government by itself cannot be treated as against the country.

The bench of Justice Vikram D. Chauhan, while hearing the application, noted that the prosecution had not provided any material suggesting that Ahmad’s social media activity had caused societal harm or could obstruct justice.

Court further observed that no concerns had been raised by the prosecution regarding Ahmad tampering with evidence, influencing witnesses, or evading the investigation. While Ahmad's criminal antecedents were pointed out, court relied on Supreme Court precedents to assert that such history alone cannot be grounds to deny bail unless exceptional circumstances are demonstrated.

Citing the judgments of Ash Mohammad v. Shiv Raj Singh and Prabhakar Tewari v. State of U.P., the bench reiterated that the presence of prior criminal cases does not automatically disqualify an individual from receiving bail.

Granting relief, court directed that Ahmad be released on anticipatory bail in the event of arrest, subject to furnishing a personal bond of Rs. 25,000 along with two sureties of like amount. Conditions, including regular cooperation with the investigation, non-interference with evidence or witnesses, and a prohibition on leaving the country without court permission, were also imposed. 

Court concluded by warning that any violation of the set conditions may lead to cancellation of the bail protection.

Case Title: Azaz Ahmad vs State of U.P. and Another

Download order here