Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2915

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJAY KUMAR SINGH, J.
Tahir Mewati - Appellant
Versus
State of U.P. - Respondent
Criminal Misc. Bail Application No.25687 of 2025
Decided on : 28-07-2025

Advocates:
Advocate Appeared:
For the Appellant :- Rajesh Chandra Jaiswal, Sachchida Nand Ojha, Vikas Srivastava

Freedom of expression is limited by responsibilities against inciting violence and disturbing public order, especially on social media.

Headnote:(A) BNS Act, 2023 - Sections 152, 352, 197(1)(c), 353(1)

(C) - Bail application in respect of objectionable social media content aimed at national leaders - Complainant alleged that applicant posted inflammatory and anti-national videos, potentially disrupting public harmony - Court found material shown to incite communal disharmony and undermine national integrity. (Paras 1-8)

(B) Right to Freedom of Expression - While individuals have a right to express themselves, such rights come with responsibilities to avoid incitement and harm to societal interests. Court emphasized need for safeguards against misuse of social media platforms. (Para 9)

Facts of the case:
The applicant is alleged to have shared objectionable content that ridicules national leadership via a social media account, which he claims was operated by an impersonator. Despite his claims, there exists substantial evidence linking him to the content.

Findings of Court:
The court determined that the applicant's actions could incite violence and destabilize public order, leading to the conclusion that he should remain in custody.

Issues: Whether the applicant’s right to bail should be granted despite the serious allegations of misconduct on social media.

Ratio Decidendi: The court ruled that the gravity and societal implications of the alleged offense outweighed the applicant’s claims of innocence, thus warranting denial of bail.

Result: Bail application rejected.

Table of Content
1. bail application seeking release based on social media allegations. (Para 1 , 2)
2. contradictory defenses presented regarding social media use. (Para 4 , 5)
3. the court discusses implications of social media misuse. (Para 6 , 7)
4. denial of bail justified by the severity of allegations. (Para 8)
5. formal rejection of bail application. (Para 9 , 10)

JUDGMENT :

Sanjay Kumar Singh, J.

1. By means of this bail application, applicant Tahir Mewati, who is involved in Case Crime No. 139 of 2025, under Sections 152 , 352, 197(1)(c), 353(1)(C) of BNS , 2023, police station Salempur, district Bulandshahar, seeks enlargement on bail during the pendency of trial.

2. Brief facts of the case, which are required to be stated are that complainant-Vishal Chaudhary, Sub Inspector, police station Salempur, District Bulandshahar got a First Information Report lodged on 14.05.2025 for the offence under Sections 152 , 352, 197(1)(c), 353(1)(C) of BNS , 2023 against the applicant-Tahir Mewati stating inter alia that he came to know through social media post that a person is running a Facebook account/ ID in the name of Tahir Mewati, who is making objectionable videos of Hon’ble Prime Minster of India, Shri Narendra Modi viral on social media from his Facebook account. When he checked the ID of Tahir Mewati, it was revealed that Tahir Mewati from his Facebook ID URL ID https//www facebook.com/profile. Php?id 100084509229593 is making objectionable contents and Pakistan supported videos of Hon’ble Prime Minster of India, Shri Narendra Modi viral and posting from his Facebook ID. In follow- up action, it was found that the person running the above Facebook ID in the name of Tahir Mewati is Tahir, son of Ikramuddin, resident of Parigram Rasidpur, police station Salempur, District Bulandshahar. The said video in question could potentially disrupt the social harmony and spoil the atmosphere in the society.

3. Heard Mr. Vikas Srivastava, learned counsel for the applicant, Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Mr. Prashant Kumar Singh, learned Brief Holder representing the State of U.P.

4. It is contended by learned counsel for the applicant that a fake Facebook ID has been created by someone else in the name of applicant, which was being operated by that unknown person with a view to tarnish his good image in the society. The applicant neither posted anything on social media nor made any video viral against Shri Narendra Modi, Hon’ble Prime Minster of India. Hence, the applicant, who is languishing in jail since 14.05.2025 and having no criminal history to his credit is liable to be enlarged on bail. Lastly, it is submitted that in case, applicant is released on bail, he will not misuse the liberty of bail.

5. Per contra, learned Additional Government Advocate appearing for the State refuting the above submissions made on behalf of the applicant opposed the prayer for bail of the applicant by contending that :

5.1. The factual stand taken by the applicant before this Court and before the Sessions Judge are entirely different. In this regard, it is further pointed out that before the Court of Sessions judge, it was submitted on behalf of the applicant that he has not created or posted any objectionable contents or video with malicious intent. Only certain memes were uploaded on the Facebook account of the applicant. The applicant did not share any material, which could disturb public peace or tranquillity. Now before this Court, the applicant has come up with a different plea that he neither posted anything on social media nor made any video viral against Shri Narendra Modi, Hon’ble Prime Minster of India, which is against the evidence on record.

5.2. Much emphasis has been given by contending that the applicant posted objectionable and inflammatory videos on the social media platform-Facebook, which were clearly intended to glorify violent extremism and promote anti-national sentiments.

5.3. The materials, wh

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