Bail Granted By Madhya Pradesh High Court To Two Muslim Men Arrested For Posting Reel In Support Of Iran

The Madhya Pradesh High Court has granted bail to two accused booked for allegedly uploading a social media reel said to contain inflammatory slogans, holding that the material on record did not prima facie disclose an offence of promoting enmity under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (corresponding to Section 153-A of the Indian Penal Code, 1860).

The Court observed that the content, at best, reflected a protest in favour of a foreign country and could not be stretched to attract criminal liability under the provision.

The order was passed by Madhya Pradesh High Court at Jabalpur, where Justice Ramkumar Choubey was hearing the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973).

The applicants, Wasim Khan and Yousuf Mehafooz, had been in custody since March 8, 2026, in connection with an FIR registered at Police Station Kotwali Raisen for the alleged offence.

According to the prosecution, the case originated from a complaint lodged by one Brajesh Chavariya, who claimed to have seen an Instagram reel featuring the applicants along with others raising slogans including “Iran Ka Sath Dene Ja Rahe Hai Sab Milkar Allahu Akbar, Hindustan Ka Musalman Na Kal Dara Tha Na Ham Aaj Darengey.” Based on this, the police registered the offence alleging that the content promoted disharmony between groups.

Appearing for the applicants, advocates Zeeshan Siddiqui and Sharik Akeel Farooqui argued that the accused had been falsely implicated and that even if the allegations in the FIR were accepted at face value, no offence under Section 196, BNS (Section 153-A, IPC) was made out. They further contended that the applicants were in custody for over a month, posed no flight risk, and were unlikely to tamper with evidence.

Opposing the plea, panel lawyer Amit Pandey submitted that the applicants had uploaded incriminating material and that the investigation was still underway, with further evidence likely to be collected.

The Court, however, undertook a prima facie assessment of the material in the case diary and noted that the FIR rested solely on the Instagram reel. It recorded that “none of the content can be said to be promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.” Instead, the Court observed that the video merely indicated a protest in favour of Iran, in the context of its ongoing conflict with the United States, and did not cross the legal threshold required to invoke the penal provision.

Significantly, the bench also expressed concern over the manner in which the FIR had been registered, remarking that it “appears that the police has registered an FIR against the applicants even without having sufficient material constituting the alleged offence.” The Court clarified that it was not expressing any final opinion on merits, but emphasised that the absence of foundational material weighed in favour of granting bail.

Allowing the application, the Court directed that both applicants be released on bail upon furnishing a personal bond of Rs. 50,000 each, along with one surety of the like amount, to the satisfaction of the trial court. It further mandated their appearance on all dates of hearing and compliance with the statutory conditions prescribed under the BNSS.

Case Title: Wasim Khan and Others v. The State of Madhya Pradesh

Date of Order: April 9, 2026

Bench: Justice Ramkumar Choubey