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IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal
Riyaz – Appellant
Versus
State of U.P. – Respondent
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 i
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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