Delhi High Court grants anticipatory bail to Ajaz Khan in case over abusive videos about Harsh Beniwal's family

The Delhi High Court on Wednesday granted anticipatory bail to actor Ajaz Khan in connection with a case registered against him for allegedly posting sexually explicit and threatening videos against YouTuber Harsh Beniwal’s mother and sister [Ajaz Khan v The State NCT of Delhi].

Justice Ravinder Dudeja passed the order observing that the mobile phone on which the video was shot was already in the custody of the Mumbai Police and Khan's custodial interrogation would no longer be necessary.

"No material has been placed on record to indicate that petitioner is a flight risk. He is not required for any custodial investigation. The arrest should not be mechanical/automatic especially when no necessity if demonstrated for custodial interrogation. The apprehension of the State of non-cooperation cannot override the principle of “bail not jail”. The offences are punishable with maximum sentence of 3 years and fine," the Court said.

The Court directed Khan to furnish a personal bond of ₹30,000 with one surety of the same amount, cooperate with the investigation, provide his voice samples, surrender his passport, and not leave the country without permission.

In a detailed order, the Court also had a word of caution for people using social media.

Justice Dudeja said that the internet has made knowledge easily accessible by intensifying its circulation and any content on the internet is porous and accessible to a large audience.

Therefore, every content on the internet must be uploaded with great caution, especially when the uploader has a large audience and exercises influence in society.

"The freedom of ‘speech’ and ‘expression’ granted by the Constitution under Article 19 must be exercised within the bounds of the reasonable restrictions it places. When the speech crosses the line into insult, humiliation or incitement, it collides with the right to dignity," the Court said.  

Khan was booked by the Cyber Police Station under Section 79 (outraging modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology Act.

According to the complaint, Khan had posted a reaction video containing obscene and abusive remarks targeting the Beniwal's mother and sister after Beniwal uploaded a parody video titled 'A Day With Najayaz Bhai'.

The video, which included a disclaimer stating it was a work of fiction, allegedly triggered Khan’s response.

Khan’s counsel argued that his video was a retaliatory reaction to Beniwal’s “derogatory and defamatory” portrayal of him, claiming the YouTuber had used slurs and called him a “drug peddler” and “molester.”

However, the prosecution opposed the plea, accusing Khan of deliberately evading investigation and attempting to misuse his social media influence. The State argued that his actions amounted to gender-based online abuse with serious social implications.

After considering the case, the Court granted him ancticipatory bail.

Advocates Khalid Akhtar, Bilal Khan, Md Shadan and Ahteshanuddin appeared for Ajaz Khan.

State was represented by Additional Public Prosecutor Yudhvir Singh Chauhan

[Read Order]