2026 Supreme(Online)(P&H) 98199
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Hassan Mohiduddin Siddiqui – Appellant
Versus
State of UT – Respondent
Bail App. No. 752 of 2026
Important Points
Subject
Criminal Law - Bail
Act Referred
Information Technology Act: S.66-C, S.66-D, S.67
Headnote
(B) Freedom of Speech - Social Media - Responsibility - The right to freedom of speech does not grant an unfettered license to use provocative or objectionable language on social media that targets constitutional authorities or is capable of inciting communal disharmony and disturbing public order. (Para 2)
Issues: Whether the accused is entitled to bail on the ground that the charge sheet has been presented, despite allegations of posting provocative content targeting a constitutional authority.
For the Appellants/Petitioners: Ld. Counsel for the bail applicant/accused
For the Respondents: Ld. Public Prosecutor
no scope for the accused, who is a layman to influence him. This is the second bail application of the accused, which is maintainable for the reason that the charge sheet has been presented. The accused/applicant had also filed bail application before Ld. Sessions Judge, which was dismissed vide order dated 07.5.2026. Further, similar twits/captions were made by Abbas Naqvi, Mirza Baig and Sonu Singh, but no coercive action has been taken upon them and the challan is completely silent about it. The accused/applicant is father of four minor children, who are completely dependent upon him for their survival. The accused/applicant is also suffering from acute pancreatitis problem. Thus, prayer is made to allow the bail application.
In reply to this application, the prosecution has submitted that during the course of investigation, with the help of technical assistance of PS-Cyber Crime, Chandigarh, it was established that a person with username ‘@HassanSiddiquei’ had posted a video falsely portraying the reputation of a constitutional authority on 18.4.2026 through his twitter account. When the said video was checked, it was found that the applicant/accused had written on his account as under:
“#BreakingNews: LEAKED video of Narendra Modi massage, reports coming that the Intel Agencies of US has tons of videos of him in compromising positions. Hey@grok this is real’?”
Thereafter, the details of the twitter account, the mobile number associated with the account and other records, was obtained which was linked with the bail applicant. The police party then raided the places at Hyderabad and the accused was arrested and his mobile phone was taken into police possession. The challan against the accused has already been presented. Many aspect of the case are yet to be unearthed/unfolded and many more accused are also yet to be arrested in this case. It is further submitted that(a) the material shared by the applicant through his social media account is provocative, objectionable and capable of being inciting communal disharmony and disturbing peace and order. It does not confer upon the citizen’s right to speak without responsibility,nor does it grant unfettered license for every possible use of language.
The accused/applicant with full awareness and deliberation, published the video clip on a social media platform, expressing targeting a Hon’ble Constitutional Authority, thus, he does not deserve the concession of bail. If bail is granted to the accused, he may threaten the witnesses and may also hamper the investigation/digital record relating to present matter. Therefore, prayer is made to dismiss the present bail application.I have heard Ld. Counsel for the bail applicant/accused and the Ld. Public Prosecutor and have also perused the file carefully.
The applicant/accused seeks the bail under Sections 196 , 318, 336(1), 336(3), 336(4), 340, 353, 356 BNS and under Sections 66-C , 66-D and 67 of I.T. Act. At the time of registration of the case, only prima-facie allegations are to be seen and from perusal of the facts of the present FIR, all the above said Sections under IT Act, as well as, BNS are prima-facie made out against the applicant/accused. The allegations against the applicant/accused are that he had posted and commented upon a video of a person getting a head massage from a lady. Realizing that the said person in the video looked alike the Hon’ble Prime Minister of India Sh. Narendra Modi and he had commented as under:
“#BreakingNews: LEAKED video of Narendra Modi massage, reports coming that the Intel Agencies of US has tons of videos of him in compromising positions. Hey@grok this is real’?”
Thus, there are serious allegations against the accused/applicant. Perusal of the file shows that the first bail application of the accused/applicant has already been dismissed by this court vide order dated 07.5.2026. It is also matter of the record that the regular bail application of the accused/appl