Insulting the National Flag constitutes a serious offence that threatens public order, justifying the denial of bail.

JUDGMENT :

SANJAY KUMAR SINGH, J.

1. By means of this bail application, applicant-Vasik Tyagi, who is involved in Case Crime No. 104 of 2025, under Sections 152, 192, 197(1), 353(2) of BNS, 2023 , Police Station Charthawal, District Muzaffar Nagar, seeks enlargement on bail during the pendency of trial.

2. The brief facts of the case which are required to be stated are that Sub-Inspector Amit Kumar (PNO. 162654527) got a first information report lodged on 16.05.2025 at 02:41 hours against the accused applicant Vasik Tyagi for the offence under Section 152, 192, 197(1) and 353(2) of BNS, 2023 stating inter-alia that when he along with constable Sonu were on a patrolling duty, checking, search for wanted persons and maintaining peace in the area of Police Station Sirohi, he got an information through social media post that applicant Vasik Tyagi s/o Shafik Tyagi, resident of village Pawti Khurd, Police Station Charthawal, District Muzzafar Nagar has posted/uploaded a post on his Facebook ID in support of Pakistan, in which it was mentioned that “Kamran Bhatti Proud of You. Pakistan Zindabad” and has also put an Indian National Flag on the ground and made a dog sit upon it. F.I.R. further alleges that from the said post, it seems that the applicant is supporting Pakistan while living in India. When the whole country is struggling with the terrorist activities of Pakistan, the applicant while living in India is uploading anti-national post against his own country i.e. India. This post has hurt the religious sentiments in the area, due to which feelings of enmity, hatred and animosity between the castes and communities is growing on the basis of religion etc. due to which, there is a possibility of breach of peace.

3. During investigation, applicant-Vasik Tyagi was arrested by the police on 07.06.2025. Thereafter he moved bail application before the district Court, which was rejected by the Court of Additional District and Sessions Judge, Muzaffar Nagar, vide order dated 21.07.2025. Thereafter applicant preferred instant bail application before this Court.

4. Heard Mr. Atul Kumar, learned counsel for the applicant and Mr. Rabindra Kumar Singh, learned Additional Government Advocate for the State of U.P.

5. It is argued by learned counsel for the accused-applicant that the applicant is innocent and has not committed the offence as alleged by the prosecution. It is next submitted that the applicant has been falsely implicated in this case. The applicant has neither uploaded, nor liked any anti-national post or hurt the sovereignty and integrity of the country. The applicant is languishing in jail since 07.06.2025, therefore, he may be released on bail.

6. 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 :

(i) During investigation, the details of Facebook ID of the applicant being https%//www.facebook.com/wasik-tyagi was obtained from Meta and as per cyber report based upon the details provided by Meta, the following IP addresses were used in uploading the said social media posts :-

(a) 2409:40d2:006:80000:0000:0000:0000 Time Stamp 2025-06-04 18:49:29 UTC,

(b) 2409:40e6:0256:79d8:80000:0000:0000:0000 Time Stamp 2025-05-14 10:22:00 UTC and

(c) 2409:406e:002d:a9e9:8000:0000:0000:0000 Time Stamp 2025-05-16.

The aforesaid IP addresses were found on the mobile number 8279722726 of the applicant-Vasik Tyagi s/o Safik Tyagi.

(ii) Facebook ID of applicant was also found to be registered on his mobile number 9012228358.

(iii) After great efforts and on the basis of the information given by the informer, applicant-Vasik Tyagi was arrested on 07.06.2025 at 00:20 hours from Pawoti Bus Stand.

(iv) During investigation, a mobile phone of Vivo Company (model VE40, Colour Mint Green, IMEI Nos. 865260071663839 and 865260071663821), which was used in crime was also taken into custody which was provided by applicant’s