The Allahabad High Court has granted bail to Sajid Chaudhary, a Meerut resident accused of sharing a social media post allegedly praising Pakistan, marking a significant ruling on the application of stringent laws under the Bharatiya Nyaya Sanhita (BNS). Chaudhary, incarcerated since May 13, 2025, faced charges under Section 152 of the BNS for endangering India’s sovereignty, stemming from a post that reportedly read, “Kamran Bhatti Proud of You, Pakistan Zindabad.” The court’s decision highlights the need for careful invocation of new legal provisions amid rising concerns over freedom of expression and social media misuse.

Justice Santosh Rai, in the September 25 order, clarified that while the post could potentially provoke disharmony under Section 196 (promoting enmity) of the BNS, it did not meet the threshold for Section 152, a provision without precedent in the repealed Indian Penal Code (IPC). The court emphasised that Section 152, designed to address threats to national sovereignty, requires cautious application backed by clear evidence. The prosecution failed to provide proof that Chaudhary’s actions directly undermined India’s integrity, weakening their case against the accused, who has no prior criminal record.

Chaudhary’s counsel argued he was falsely implicated due to ulterior motives, asserting that he merely forwarded the post without creating or widely circulating it. They stressed his clean background and low risk of tampering with evidence, bolstering the case for bail.

The government counsel, however, labelled Chaudhary a separatist with a history of similar acts but presented no substantiating evidence, a point the court noted critically. This ruling aligns with recent judicial trends scrutinising vague or overly broad applications of national security laws, especially on digital platforms where India has over 900 million internet users, per 2025 TRAI data.

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The case has sparked debate in Uttar Pradesh, where communal tensions and online vigilantism have fuelled arrests under BNS provisions since their rollout in July 2025. Chaudhary’s release on bail, subject to conditions, underscores the judiciary’s role in balancing national security with individual rights.

Legal experts anticipate further clarifications on Section 152’s scope as courts navigate its untested boundaries, particularly in politically charged cases ahead of upcoming state elections.

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