The Allahabad High Court has granted bail to Asharaf Khan @ Nisrat in a case alleging that he circulated objectionable social media content praising Pakistan and making remarks considered prejudicial to national integration. While allowing the second bail application, the Court stressed that the accused had remained in custody for over two months without any prosecution witness being examined, reaffirming that the right to a speedy trial is a fundamental right.
Background of the Case
The case arose from Case Crime No. 194 of 2025 registered at Sasani Kotwali Police Station in Hathras under Sections 152 and 197 of the Bharatiya Nyaya Sanhita (BNS).
The applicant's first bail plea had been rejected on July 2, 2025. In the second application, the defence argued that there was no material showing that the applicant had himself forwarded the alleged objectionable messages celebrating India's defeat by Pakistan. It was also submitted that despite charges having been framed in February 2025, the trial had made no progress and not a single witness had been examined.
The defence further pointed out that a co-accused had already been granted bail on similar allegations and sought parity. It also assured the Court that the applicant would not post or circulate any objectionable content if released.
The State opposed the bail plea, contending that the applicant had allegedly circulated material disrespecting the Indian Army, the Prime Minister and the Defence Minister while also raising the slogan "Pakistan Zindabad." According to the prosecution, such conduct was prejudicial to national integration and encouraged separatist sentiments.
Court's Observations
Justice Arun Kumar Singh Deshwal noted that the applicant had been in judicial custody since May 13, 2025, and that no prosecution witness had been examined even after the framing of charges.
The bench observed,
“The speedy trial is the fundamental right of an accused.”
The Court also took into account that the co-accused had already secured bail on similar allegations. It further considered the nature of the allegations, the absence of criminal history, overcrowding of prisons, and the heavy pendency of criminal trials.
The Court relied on the Supreme Court's decision in Kapil Wadhawan v. Central Bureau of Investigation and the Allahabad High Court's earlier ruling in Maya Tiwari v. State of U.P. while assessing the request for bail.
Court's Decision
Allowing the second bail application, the High Court directed that Asharaf Khan @ Nisrat be released on bail upon furnishing the required personal bond and sureties.
The Court imposed several conditions, including that the applicant must cooperate with the trial, refrain from influencing witnesses, avoid involvement in any criminal activity, and not publish or circulate any social media content that could encourage separatist sentiments or otherwise prejudice national interest.
It also clarified that any breach of these conditions would be a ground for cancellation of bail.
Case Details
Case Title: Asharaf Khan @ Nisrat v. State of U.P.
Case Number: Criminal Misc. Bail Application No. 41516 of 2025
Judge: Justice Arun Kumar Singh Deshwal
Decision Date: July 14, 2026
