JAID v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME)
BAIL/22486/2025 · 2025-10-14
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[ 2025 DAILYLAW 200705 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200705 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22486 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Avnish Kr. Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 106 of 2025, under Sections 152, 115(2), 351(2) B.N.S., P.S. Civil Lines, District Ghaziabad. 3. Contention of learned counsel for the applicant is that in the F.I.R. the allegation against the applicant is that he liked a video uploaded by some Pakistani citizen, showing therein that Indian Army in cowardly manner attacked on the Pakistan in the night whereupon the applicant commented " Pakistan Jindabad". It is further submitted that applicant is a 20 year old boy and he mistakenly commented "Pakistan Jindabad" on the video uploaded by the Pakistani citizen, however, he did not make any comment on Indian Army. Therefore, the case would not fall under Section 152 B.N.S. The applicant is languishing in jail since 7.5.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case and taking into account that applicant liked a video uploaded by a Pakistani citizen and Versus Counsel for Applicant(s) : Avnish Kumar Srivastava Counsel for Opposite Party(s) : G.A. Jaid .....Applicant(s) State Of U.P Through Its Principal Secretary (Home) .....Opposite Party(s)
he simply commented "Pakistan Jindabad" without mentioning any religious comment or any other comment lowering the dignity and sovereignty of the country; applicant is 20 years old boy and he is languishing in jail since 7.5.2025, this Court is of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Jaid, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant will not upload any objectionable post on social media. ii.
The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. iii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 15, 2025 Vandana BAIL No. 22486 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad