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IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal
Riyaz – Appellant
Versus
State of U.P. – Respondent
| 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
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....
Insulting the National Flag constitutes a serious offence that threatens public order, justifying the denial of bail.
The judgment emphasizes the need for a thorough and fair investigation in cases of alleged offences and highlights the distinction between free speech and hate speech in the context of the penal law.
Freedom of expression is limited by responsibilities against inciting violence and disturbing public order, especially on social media.
(1) Hurting religious and social sentiments of one community – Acceptance of freedom to express a view which may not accord with mainstream are cardinal values – A society wedded to rule of law canno....
Pre-arrest bail granted due to insufficient evidence linking the accused to the crime, ensuring cooperation with investigations.
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