In a significant order passed on April 9, 2026, the Madhya Pradesh High Court granted bail to Wasim Khan and another accused in a case linked to an Instagram reel allegedly containing objectionable statements. The court found that the material on record did not clearly establish the offence of promoting enmity between groups.
Background of the Case
The case arose from FIR No. 112/2026 registered at Police Station Kotwali, Raisen district. According to the complaint, the applicants were seen in an Instagram reel allegedly making statements perceived as provocative and linked to support for a foreign country.
Based on this reel, police invoked Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS), which deals with promoting enmity between groups on grounds such as religion or community. The applicants were taken into custody on March 8, 2026.
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Counsel for the applicants argued that the accused were innocent and falsely implicated due to ideological differences with the complainant. It was submitted that even if the allegations in the FIR were accepted at face value, the ingredients of the offence were not satisfied.
The defence further emphasized that the applicants had been in custody for over a month and there was no likelihood of them absconding or tampering with evidence.
On the other hand, the State opposed the bail plea, stating that the applicants had uploaded incriminating content on social media and that the investigation was still ongoing, with further evidence likely to be collected.
Justice Ramkumar Choubey examined the case diary and the content of the alleged reel. The court noted that the FIR was based solely on the Instagram video.
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“The material placed in the case diary shows that the offence has been registered only on the basis of a reel on Instagram,” the court observed.
Importantly, the court found that the content did not appear to promote enmity between different groups. Instead, it reflected a form of protest expressing support for a foreign country amid an international conflict.
“The content cannot be said to be promoting enmity… rather it is only showing a protest,” the bench remarked.
The court also indicated concern that the FIR may have been registered without sufficient material to establish the alleged offence.
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Without commenting on the merits of the case, the High Court allowed 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 same amount. They have also been instructed to comply with the conditions laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The matter remains pending for trial, and the bail order does not affect the ongoing investigation.
Case Details:
Case Title: Wasim Khan and Others vs State of Madhya Pradesh
Case Number: MCRC No. 13867 of 2026
Judge: Justice Ramkumar Choubey
Decision Date: April 9, 2026
