‘Pakistan Zindabad’ Comment: Allahabad HC Grants Bail to 20-Year-Old

The single-judge bench of Justice Arun Kumar Singh Deshwal, on October 15, 2025, allowed the bail plea filed by Jaid, a resident of Ghaziabad, who had been in jail since May 7, 2025. The order was passed in a bail plea, arising from a case of 2025 registered at Civil Lines Police Station, Ghaziabad, under Sections 152, 115(2), and 351(2) of the Bharatiya Nyaya Sanhita (BNS).

According to the prosecution, Jaid had liked a video uploaded by a Pakistani citizen that depicted the Indian Army as cowardly attacking Pakistan during the night. Under that video, Jaid allegedly commented “Pakistan Zindabad". The police registered a case under the new penal provisions of the BNS, treating the act as prejudicial to the integrity of the nation.

However, during the hearing, Jaid’s counsel, Advocate Avnish Kumar Srivastava, argued that the applicant’s act was merely an impulsive and mistaken social media comment without any intent to insult the Indian Army or compromise national integrity. The counsel stressed that no seditious content was posted by Jaid, nor did he participate in spreading anti-India propaganda. It was also pointed out that Jaid is a 20-year-old student with no prior criminal record and has already spent over five months in judicial custody. Since the charge sheet had already been filed, there was no further requirement for custodial interrogation.

Opposing the bail plea, the Additional Government Advocate for the State contended that such comments could potentially incite public disorder and undermine the morale of the armed forces. Nevertheless, the State did not dispute the factual submissions made by the counsel for Jaid.

After considering both sides, Justice Deshwal observed that while the applicant’s comment was inappropriate, it did not cross the legal threshold necessary to constitute an offense under Section 152 of the BNS. “The applicant simply commented ‘Pakistan Jindabad’ without mentioning any religious comment or any other remark lowering the dignity and sovereignty of the country,” the order stated.

Noting his young age and prolonged detention, the court concluded that keeping the applicant behind bars any longer would serve no purpose. Accordingly, court directed his release on bail, subject to strict conditions, including a prohibition on posting objectionable content on social media and a requirement to cooperate with the trial.

Court further warned that any violation of these conditions would lead to automatic cancellation of bail. It also directed the trial court to verify the identity, status, and residence of both the applicant and his sureties before accepting the bail bonds.