Allahabad High Court grants bail to Meerut man who allegedly shared ‘Pakistan Zindabad’ post — Here's why

The Allahabad High Court recently granted bail to Meerut resident Sajid Chaudhary, who was booked under Section 152 (endangering India's sovereignty) of the Bharatiya Nyaya Sanhita (BNS) and has been in jail since May 2025, for allegedly sharing a pro-Pakistan post on social media.

He has been accused of threatening India's sovereignty with the post which read: “Kamran Bhatti Proud of You, Pakistan Zindabad”.

What did Allahabad HC say?

Hearing the bail petition, the bench of Justice Santosh Rai observed that while Chaudhary's post may provoke anger or disharmony among citizens, and could be punishable under Section 196 (promoting enmity) of the BNS, it did not attract the stringent provisions of Section 152 of the BNS.

“Merely posting a message to simply shows supporting of any country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS which is punishable up to seven years but definitively will not attract the ingredients of Section 152 BNS,” the HC observed in its September 25 order, according to Bar and Bench.

What has the defendant claimed?

Arguing for Chaudhary, his lawyer claimed that he has been falsely implicated due to ulterior motives. He also clarified that Chaudhary had only forwarded the controversial post, and not posted or circulated any video anywhere.

The counsel also submitted that the accused had no criminal history and there was no likelihood of his tampering with evidence if released on bail.

On its part, the government counsel opposed the plea, claiming the applicant was a separatist and had previously engaged in similar activities.

Why did the Court grant bail?

In its order dated September 25, the bench observed that the government had not submitted any evidence proving Choudhary made any statement against the integrity and sovereignty of India. It also observed that Section 152 of the BNS was a newly introduced provision without an equivalent in the Indian Penal Code (IPC), and cautioned that it should be invoked only with reasonable care, the PTI report added.

According to the Bar & Bench report, the HC said that freedom of speech and expression should not be narrowly construed, unless words spoken or written actually affect the sovereignty and integrity of a country or encourage separatism, the Court said. It also referred to the Supreme Court's observations that before registering a case regarding a post on social media, “it should be looked into as a reasonable man and decision should be based on standards of reasonable, strong-minded, firm and courageous individuals and not based on standards of people with weak and oscillating minds”.

The bench also noted that Chaudhary has been in jail since May, with no certain date on the next trail. Taking into account overcrowding in jails, it granted him bail, the B&B report said.

(With inputs from PTI)