The Madhya Pradesh High Court has granted bail to two individuals accused of uploading an Instagram reel allegedly promoting enmity, noting that the material on record does not clearly support such allegations at this stage.
Background of the case
The case arose from an FIR registered at Kotwali Police Station in Raisen district. According to the prosecution, a complainant reported that he had seen an Instagram reel in which the applicants, along with others, were heard raising slogans expressing support for Iran.
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Based on this, the police registered a case under Section 196(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which deals with promoting enmity between different groups on grounds such as religion or community. The applicants were taken into custody on March 8, 2026.
Counsel appearing for the applicants argued that they had been falsely implicated and that the allegations, even if taken at face value, did not constitute the offence alleged. It was submitted that the applicants had been in custody for over a month and there was no risk of them absconding or interfering with evidence.
On the other hand, the State opposed the bail plea, contending that the applicants had uploaded incriminating content and that the investigation was still ongoing, with the possibility of further evidence being collected.
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After examining the case diary and the material placed on record, the court noted that the FIR was primarily based on the Instagram reel. The bench observed that the content in question did not appear to promote enmity between different groups.
“The material placed in the case diary shows that none of the content can be said to be promoting enmity between different groups… rather it is only showing a protest in favour of a foreign country,” the court noted.
The court further remarked that it appeared the FIR had been registered without sufficient material to establish the alleged offence at this stage.
Allowing the bail application, the court directed that the applicants be released on bail upon furnishing a personal bond of ₹50,000 each, along with one surety of the like amount to the satisfaction of the trial court.
The court also directed the applicants to appear before the trial court on all scheduled dates and comply with the conditions laid down under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The matter was disposed of accordingly.
Case Details:
Case Title: Wasim Khan and Others vs State of Madhya Pradesh
Case Number: MCRC No. 13867 of 2026
Judge: Hon’ble Shri Justice Ramkumar Choubey
Decision Date: April 9, 2026
