Bail Granted To Man Accused Of Posting “Pakistan Zindabad” After Kashmir Pahalgam Attack
HC grants bail to accused while restricting social media posts; case continues trial in Pahalgam attack matter.
The Allahabad High Court on Friday granted bail to a man accused of posting “Pakistan Zindabad” on Instagram immediately following a terror attack in Pahalgam, Jammu and Kashmir, which left 26 people dead, including 25 tourists and a local resident. The single-judge bench of Justice Arun Kumar Singh Deshwal ordered the release of the accused, identified as Faizan, who had been in custody since May 3, 2025.
Faizan was arrested in connection with an FIR registered under Sections 196(1), 152, and 318(4) of the Bharatiya Nyaya Sanhita at Jalesar Police Station in Etah district. The prosecution alleged that his post expressed support for Pakistan immediately after the deadly Pahalgam attack.
Senior Advocate N.I. Jafri, representing the applicant, argued that while the post was objectionable, it did not amount to an offence under Section 152 BNS, as it did not contain derogatory remarks against India. He contended that “merely supporting an enemy country” could at most invoke Section 196 BNS, which is triable by a magistrate and carries a maximum sentence of three to five years. The counsel further noted that the chargesheet had already been filed and that custodial interrogation was unnecessary.
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The Uttar Pradesh Police opposed the bail petition but did not dispute the facts highlighted by the defence. After reviewing submissions and records, Justice Deshwal observed that, given the nature of the offence, evidence, and the applicant’s limited complicity, Faizan was entitled to bail. The judgment also took into account overcrowded jails, pendency of criminal cases, and the precedent set in Kapil Wadhawan vs Central Bureau of Investigation.
The court directed that Faizan be released on furnishing a personal bond and two sureties of like amount. Conditions of the bail include refraining from making inducements, threats, or promises to witnesses, cooperating fully in the trial, avoiding criminal activity, and refraining from posting objectionable content on social media that could harm the reputation of the country or any community. The order emphasized that any breach would result in cancellation of bail and clarified that its observations were limited to the bail adjudication without affecting trial merits.
The Allahabad High Court instructed that the release order be transmitted to the jail via the Bail Order Management System to ensure prompt release and that a copy be sent to the applicant through the Jail Superintendent via e-mail or the e-prison portal. This decision marks a significant development in a high-profile case closely watched across the state and the country.
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