The High Court in Allahabad recently awarded the bail to the residents of Meerut Sajid Chaudhary, which was booked according to Section 152 (threat to India Sovereignty) Bharatiya Nyaya Sanhit (BNS) and was in prison since May 2025.
He was accused of threatening Indian sovereignty with a post he read: “Kamran Bhatti proud of you, Pakistan Zindabad”.
What did Allahabad HC say?
Bench of the justice Santosh Rai, when he heard a bail petition, noted that while Chaudhary’s post could cause anger or disharmony among citizens and may be punished according to section 196 (support for hostility), BNS did not attach strict provisions of § 152 BNS.
“Just disclosing a message that simply shows the support of any country, can create anger or disharmony between India citizens and can also be punished according to section 196 BNS, which is punished for up to seven years, but will definitely not attract components of section 152 BNS,” HC noted.
What did the defendant claim?
His lawyer, who argued for Chaudhary, claimed that he was falsely involved because of the side motifs. He also explained that Chaudhary gave the controversial post only and did not publish or fulfill any video anywhere.
The advisor also stated that the accused had no criminal history and there was no probability of manipulating evidence if he was released on bail.
The government advisor opposed him against the applicant and claimed that the applicant was a separatist and previously dealt with similar activities.
Why did the court a bail?
In its order of 25 September, the bench noted that the government had no evidence that it shows that Choudhary had made any statement against the integrity and sovereignty of India. He also noted that section 152 BNS was a newly established provision without equivalent in the Indian Criminal Code (IPC), and warned that it should only be caused with reasonable care, the PTI report.
According to the Bar & Bench report, the HC said that freedom of expression and expression should not be closely interpreted if the words spoken or written in reality in fact do not actually affect the land and integrity of the country or do not support separatism, the court said. She also mentioned the observation of the Supreme Court that before registering a case concerning social media’s contribution, “should be considered a reasonable person and the decision should be based on standards of reasonable, strongly -minded, solid and courageous individuals.
The bench also noted that Chaudhary has been in prison since May without any date on the next trail. Given the overfilling in prison, it has given him a bail, B&B report said.
(Tagstotranslate) High Court of Allahabad
