HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31965 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Gyan Prakash Mishra, learned counsel for the applicant and Sri Roshan Kumar, learned A.G.A. for the State. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 118 of 2025, under Sections 196, 353(1)B, 353(1)C, 152 BNS, P.S. Doghat, District Baghpat. 3. As per the allegation in the F.I.R., the applicant had uploaded a post on Instagram, showing that he had honour to support Pakistan despite living in India. The police after investigation, submitted a charge sheet against him. 4. Contention of learned counsel for the applicant is that merely supporting an inimical country without disrespecting his own country, will not attract the ingredients of Section 152 BNS. However, other offences are punishable up to 7 years. It is further submitted that the applicant has no criminal history and he is languishing in jail since 19.5.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that such posts create disharmony among the citizens of India, therefore, the ingredients of Section 152 BNS would be attracted and the applicant is not entitled to be released on bail. 6. Thus, considering the entire facts and circumstances of the case, Versus Counsel for Applicant(s) : Gyan Prakash Mishra Counsel for Opposite Party(s) : G.A. Usman .....Applicant(s) State of U.P. .....Opposite Party(s) submissions of learned counsel for the parties and taking into account the nature of post and also the judgement of this Court passed in Criminal Misc. Bail Application No. 22915 of 2025 (Riyaz vs. State of U.P.), this Court is of the view that Section 152 BNS would not be attracted and other offences are punishable up to 7 years, therefore, the applicant is entitled to be enlarged on bail. 7. Let the applicant- Usman, 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Vandana BAIL No. 31965 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad