Allahabad High Court Grants Bail to Man Booked For WhatsApp Clip on PM Modi, Pak PM Urging ‘War’
The Allahabad HC grants bail to Meerut resident in Section 152 BNS WhatsApp video case
The Allahabad High Court has granted bail to a Meerut resident accused of uploading a WhatsApp video featuring the Prime Ministers of India and Pakistan with allegedly provocative dialogue.
Court observed that the content of the video did not attract the ingredients of Section 152 of the Bharatiya Nyaya Sanhita (BNS), which penalizes acts prejudicial to the sovereignty, unity, and integrity of India.
The single-judge bench of Justice Arun Kumar Singh Deshwal allowed the bail plea filed by Javed. An FIR was registered at Jani Police Station, Meerut, where Javed was booked under Section 152 BNS for allegedly circulating objectionable content online.
According to the prosecution, Javed had posted a short video on his WhatsApp status showing pictures of Prime Minister Narendra Modi and the Prime Minister of Pakistan. The video, taken from a film clip, carried an audio track implying that citizens of both countries were dissatisfied with their leaders and desired to remove them from office. The clip also suggested that both sides should “exchange poisonous words” and “engage in war,” supposedly so that the public would remain “mum for five years".
The State contended that the video was capable of inciting disharmony and undermining India’s sovereignty, thereby falling squarely within the ambit of Section 152 BNS. The Additional Government Advocate, Rakesh Kumar Mishra, urged the court to deny bail, citing the seriousness of the offence and its potential impact on public order.
However, advocates Hemant Kumar and Satyendra Kumar Tripathi for Javed argued that even accepting the allegations at face value, the offence was not made out. They submitted that the act was, at most, a matter of poor judgment and not a deliberate attempt to endanger national integrity. The counsel also highlighted that the applicant had no prior criminal history, that the investigation was complete and a charge sheet filed, and that Javed had already spent nearly four months in custody since June 11, 2025.
After hearing both sides, court found merit in the defense’s contention. Justice Deshwal held that “the video on the WhatsApp status of the applicant does not attract the ingredients of Section 152 BNS".
While allowing the bail plea, the court directed Javed’s release upon furnishing a personal bond and two sureties to the satisfaction of the trial court. It also imposed several conditions, including prohibiting the applicant from uploading objectionable social media posts, tampering with evidence, or influencing witnesses. He was further directed to cooperate with the trial and refrain from engaging in any criminal activity.
Court cautioned that any violation of these conditions would invite cancellation of bail.
Case Title: Javed vs State of UP
Order Date: October 8, 2025
Bench: Justice Arun Kumar Singh Deshwal