A social media post supporting a foreign country does not prima facie violate Section 152 unless it jeopardizes national integrity, underscoring the need for reasonable standards before invoking such charges.

Headnote:(A) BNS, 2023 - Sections 152 and 196 - Freedom of Speech and Expression - Bail application filed by accused charged under Section 152 for allegedly supporting a foreign nation in a social media post - Court finds no substance in allegations, emphasizing necessity for a preliminary inquiry before invoking stringent charges under Section 152 - The liberty of thought and expression must be honored as per Constitutional provisions. (Paras 5, 7, 8, 10)

(B) Preliminary Inquiry - It is essential to conduct a preliminary inquiry before registering a FIR under offences covered by Article 19(2) to assess prima facie evidence against accused. (Paras 8)

Facts of the case:
The applicant, an 18-year-old, filed for bail after being jailed since 09-05-2025 for a post that allegedly encouraged separatism without direct disrespect to the nation.

Findings of Court:
Applicant entitled to bail based on factors including lack of prior criminal history and completion of investigation.

Issues: Whether the social media post sufficiently attracted Section 152 BNS charges without preliminary inquiry.

Ratio Decidendi: The court ruled that posting a supportive message to a foreign nation does not prima facie constitute an offence under Section 152 BNS unless it endangers national integrity.

Result: Bail granted.

Table of Content
1. the application for bail and the context of the case. (Para 1 , 2)
2. arguments regarding the applicant's social media post. (Para 4)
3. court's observations on freedom of expression and legal standards. (Para 5 , 6 , 7 , 8)
4. court's ruling on granting bail to the applicant. (Para 9)
5. conditions attached to the bail. (Para 10 , 11 , 12)

JUDGMENT :

Arun Kumar Singh Deshwal, J

1. Heard Sri Santosh Kumar Gupta, learned counsel for the applicant, Sri Anish Kumar Upadhyay, learned A.G.A. for the State and perused the record.

2. Instant bail app

lication has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 169 of 2025, under Section 152 BNS , Police Station- Bahjoi, District Sambhal.

3. Contention of learned counsel for the applicant is that as per the allegation made in the FIR, the applicant has posted following story through his Instagram ID;

"Chahe jo ho jai sport to bas ..... Pakistan ka karenge."

It is further submitted by counsel for the applicant that this post nowhere referable to lower the dignity and sovereignty of country as neither the flag of country was there nor use of name or any photo which shows any disrespect to the country and merely supporting a country, even if, the country is enemy to the country of India, will not attract the ingredients of Section 152 BNS . He further submitted that charge sheet has already been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 09.05.2025. He further submitted that as the applicant is 18 year old boy, therefore, he may be released on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that such post of the applicant through Instagram ID encourages the separatism activity, therefore, the applicant is not entitled to be released on bail.

5. Considering the submissions of learned counsel for the parties and perusal of record, it is not in dispute that while posting the aforesaid post through Instagram ID, the applicant has not mentioned anything which shows disrespect towards our country. Merely showing support to the Pakistan without referring to any incident or mentioning the name of India, will not prima facie attract the offence under Section 152 BNS .

6. The Apex Court in the case of Imran Pratapgadhi vs State of Gujarat and another ; 2025 SCC OnLine SC 678, has observed that liberty of thought and expression is one of the cornerstone ideals of our Constitution. Article 19(1)(a) confers a fundamental right on all citizens to freedom of speech and expression. Police Officers being citizens, are bound to abide by the Constitution. We are bound to honour and uphold freedom of speech and expression conferred to all citizens. It is further observed by the Apex Court 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.

7. Section 152 BNS is a new Section providing stringent punishment and there was no corresponding section in IPC, therefore, before invoking the Section 152 BNS , reasonable care and standards of reasonable person should be adopted as spoken words or posts on social media is also covered by the liberty of freedom of speech and expression, which should not be narrowly construed unless it is of such nature which effect the sovereignty and integrity of a country or encourages separatism. For attracting the ingredients of Section 152 BNS , there must be purpose by spoken or written words, signs, visible representations, the electronic communication to promote secession, armed rebellion, subversive activities or encour