Allahabad High Court Grants Bail to Man Accused of Posting Dog on Indian Flag, Praising Pakistan on Facebook

The Allahabad High Court has granted bail to a man accused of posting content praising Pakistan and insulting the Indian National Flag, holding that prolonged incarceration without commencement of trial cannot continue indefinitely, even in serious cases involving the sovereignty and integrity of India.

Accused Vasik Tyagi had posted an image on Facebook of the Indian flag with a dog sitting upon it. The high court said that though the allegations against accused Vasik Tyagi were grave, his constitutional rights under Article 21 could not be ignored merely because of the nature of accusations.

Court noted that Tyagi had remained in jail for nearly one year and even charges had not been framed against him till date.

The bench of Justice Rajiv Lochan Shukla passed the order while allowing Tyagi’s second bail application in a case registered at Charthawal police station in Muzaffarnagar under Sections 152, 192, 197(1), and 353(3) of the Bharatiya Nyaya Sanhita.

According to the prosecution, Tyagi had uploaded objectionable content through his Facebook account allegedly extolling Pakistan and insulting the Indian National Flag. The State argued that the posts appeared intended to incite secession and endanger the sovereignty, unity and integrity of India

The defence, however, argued that the applicant never intended to encourage separatist activities or threaten India’s sovereignty and integrity. Counsel for the applicant submitted that the allegations did not satisfy the ingredients required to establish an offence endangering the sovereignty and integrity of India. It was also argued that the applicant had been in custody since June 7, 2025 and was not a previous convict despite having criminal history in two other cases.

The delay in trial proceedings:

While hearing the second bail application, the high court took serious note of long adjournments granted by the magistrate despite the accused not being produced from jail. Court referred to order sheets showing that after December 15, 2025, the next date was fixed for February 10, 2026, and thereafter for April 16, 2026.

Court thereafter sought an explanation from the Additional Chief Judicial Magistrate, Muzaffarnagar, asking why such long adjournments were being granted in a case involving an undertrial prisoner.

In response, the judicial officer informed the high court that the case file had been transferred to his court only on April 30, 2026 and assured that unnecessary adjournments and long dates would not be granted in future in matters involving jailed accused persons.

‘Bail is the rule’:

Granting relief to the accused, the high court relied on the Supreme Court’s recent decision in Syed Iftikhar Andrabi vs National Investigation Agency, Jammu, where the apex court reiterated that “bail is the rule and jail is the exception".

The high court observed that the seriousness of allegations could not denude an accused of rights guaranteed under Article 21 of the Constitution. It further held that pre-trial detention could not become punitive and punishment could only follow conviction after trial.

Court also noted that the trial was unlikely to conclude in the near future since even charges had not yet been framed against the applicant. Holding that a prima facie case for bail was made out, ourt dcirected Tyagi’s release on furnishing personal bonds and sureties subject to conditions including cooperation in trial, regular appearance before the trial court, and non-interference with evidence or witnesses.

Case Title: Vasik Tyagi vs State of U.P.

Order Date: May 20, 2026

Bench: Justice Rajiv Lochan Shukla