The Allahabad High Court has granted bail to Sajid Chaudhary, accused of making a controversial social media post allegedly supporting Pakistan. The case was registered under Section 152 of the Bharatiya Nyaya Sanhita (BNS), a new provision dealing with offences against national sovereignty. Justice Santosh Rai delivered the order on September 25, 2025, after hearing arguments from both sides.
Background
Chaudhary was arrested in May this year for commenting "Pakistan Zindabad" and "Kamran Bhatti Proud of You" on a Facebook post. Police booked him under Section 152 BNS, which provides stringent punishment for acts deemed threatening to the unity and sovereignty of India. The prosecution described him as a "separatist," claiming he had shown such tendencies earlier as well. However, no prior criminal record was found against him.
Defense counsel Ajay Kumar Pandey argued that the applicant had been falsely implicated and had only forwarded a post, not created or circulated any anti-national content. He further highlighted that Chaudhary had been in jail since May without trial, and that the entire case rested on a single Facebook comment.
Court's Observations
The court carefully examined the nature of the offence and the applicable law. Justice Rai noted that Section 152 BNS, unlike older provisions of the Indian Penal Code, requires proof that the accused’s actions were intended to promote secession, rebellion, or threaten India’s integrity.
The bench observed,
"Mere posting a message in support of another country may be offensive or create disharmony, but it does not automatically attract Section 152 BNS unless it encourages separatism or directly endangers sovereignty."
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The court also pointed out that if at all, the alleged act could fall under Section 196 BNS, which covers statements that might cause disharmony but carries a lesser punishment of up to seven years.
Importantly, the judge referred to the Supreme Court’s recent ruling in Imran Pratapgadhi vs State of Gujarat (2025), stressing that freedom of speech under Article 19 must be interpreted through the lens of a "reasonable, strong-minded individual" and not someone "with weak and oscillating minds."
Additionally, the bench highlighted the severe problem of overcrowding in Indian prisons. It cited data showing that undertrial prisoners are held in numbers far exceeding jail capacity, which undermines the right to a speedy trial guaranteed under Article 21 of the Constitution.
Decision
Taking into account the absence of criminal antecedents, the uncertainty of trial conclusion, constitutional safeguards, and the Supreme Court's guidance on free speech, the High Court ordered Chaudhary’s release on bail.
He has been directed to furnish a personal bond and two heavy sureties. Conditions include not tampering with evidence, not intimidating witnesses, appearing in court on key dates, and not seeking adjournments without valid reason. The court also made it clear that misuse of bail liberty would invite strict action, including cancellation of bail.
The decision underscores the judiciary’s balancing act between protecting national security and safeguarding individual freedoms. With this ruling, the Allahabad High Court has reinforced that social media expressions, however distasteful, must be judged within constitutional limits and not used to unduly restrict personal liberty.
Case Title: Sajid Chaudhary vs. State of U.P.
Case No.: Criminal Misc. Bail Application No. 21835 of 2025
