New Delhi/Prayagraj, February 27 – The Allahabad High Court has granted bail to a man accused of posting an Instagram message stating "Pakistan Zindabad" immediately after the terror attack in Pahalgam, Kashmir, which claimed the lives of 26 people, including 25 tourists and a local.
Considering the nature of the offense and the evidence on record, a single-judge bench of Justice Arun Kumar Singh Deshwal ordered the release of Faizan, who was arrested in connection with an FIR registered under Sections 196(1), 152, and 318(4) of the Bharatiya Nyaya Sanhita (BNS) at the Jalesar Police Station in Etah district.
According to the prosecution, the applicant had posted a message on his Instagram account reading "Pakistan Zindabad" immediately after the deadly Pahalgam attack.
Appearing for the applicant, Senior Advocate N.I. Jafri argued that while the post might be objectionable, it would not attract the provisions of Section 152 of the BNS, as the applicant had not posted anything derogatory or disrespectful towards India.
It was argued that "merely supporting an enemy country will not itself come under the purview of Section 152 of the BNS," and, at best, the case may fall under Section 196 of the BNS, which is triable by a Magistrate and carries a maximum punishment of three to five years.
The senior counsel further submitted that the chargesheet had already been filed, and the applicant, who has been in jail since May 3, 2025, was not required for custodial interrogation.
On the other hand, the Uttar Pradesh Police vehemently opposed the bail plea but did not dispute the factual aspects highlighted by the defense.
After hearing the parties and perusing the record, Justice Deshwal observed: "Considering the entire facts and circumstances of the case, the submissions of the learned counsel for the parties, and keeping in view the nature of the offense, the evidence, the complicity of the accused, as well as the overcrowded jails and the heavy pendency of criminal cases before the trial courts, and also considering the mandate of the judgment of the Apex Court in the case of Kapil Wadhwan vs Central Bureau of Investigation, I am of the opinion that the applicant is entitled to be enlarged on bail."
The Allahabad High Court directed that the applicant be released on furnishing a personal bond and two sureties of like amount to the satisfaction of the court, subject to conditions.
It said that the applicant shall not "directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case," shall cooperate in the trial without seeking adjournments, and shall not indulge in any criminal activity after release.
Justice Deshwal also directed that the applicant "will not upload any objectionable post on social media which is against the reputation of the country or against any community."
The order clarified that any breach of the conditions would warrant cancellation of bail, while also making it clear that its observations were confined to the adjudication of the bail plea and would not affect the merits of the trial.
The Allahabad High Court directed that the release order be transmitted to the concerned jail through the Bail Order Management System (BOMS) to ensure early release, and that a copy of the order be sent to the applicant through the Jail Superintendent via e-mail or e-prison portal.