Allahabad HC grants bail to man booked for sharing social media post showing PM apologising to Pakistan

The Allahabad High Court recently granted bail to a man who has spent over a year in jail for allegedly sharing a social media post showing Prime Minister Narendra Modi apologising to Pakistan along with the slogan “Pakistan Jindabad.” [Ashraf Khan v. State of UP].

Justice Arun Kumar Singh Deshwal passed the order on July 14 after noting that despite charges in the case having been framed months ago, the trial had not moved forward and not a single prosecution witness had been examined.

“The speedy trial is the fundamental right of an accused,” the Court observed.

Therefore, it granted bail to the accused while imposing conditions on his use of social media after his release.

The case arose from a First Information Report (FIR) registered against one Asharaf Khan.

The prosecution alleged that Khan had circulated a social media post depicting Prime Minister Narendra Modi apologising to Pakistan, along with the slogan “Pakistan Jindabad”.

It argued that the post insulted the Indian Army, the Prime Minister and the Defence Minister, was prejudicial to national integration and encouraged separatist activities.

Khan was arrested on May 13, 2025 and his first bail plea was rejected by the High Court in July 2025.

He moved the High Court again, arguing that there was no material to show that he had forwarded the allegedly objectionable post.

He also pointed out that although charges had been framed on February 14, 2025, not a single prosecution witness had been examined, resulting in prolonged incarceration and violating his fundamental right to a speedy trial. He further relied on the fact that a co-accused had already been granted bail.

The High Court accepted his contentions. It said Khan had remained in custody since May 13, 2025 and that the trial had made no progress despite charges having already been framed.

The Court also took note of the fact that the co-accused had already been granted bail, that the trial was underway and custodial interrogation was no longer necessary.

It further referred to the Supreme Court’s decisions governing the grant of bail, as well as the overcrowding of prisons and heavy pendency of criminal cases before trial courts.

While granting bail, the Court directed Khan not to post any material on social media that could encourage separatist activities or otherwise be prejudicial to national interest or any community.

It also directed him to cooperate with the trial and warned that any breach of the conditions would be ground for cancellation of bail.

[Read Order]