The Madhya Pradesh High Court has granted bail to two men, who were arrested last month after appearing in an Instagram reel expressing support for Iran in the ongoing conflict West Asia war [Wasim Khan and Others v The State of Madhya Pradesh].The accused Wasim Khan and Yousuf Mehafooz were arrested on March 8 on a complaint by one Brajesh Chavariya. They were booked under Section 196(1)(a) of Bharatiya Nyaya Sanhita (BNS) for allegedly promoting enmity between different groups.As per the complainant, he had seen the accused and others in a reel on Instagram saying: ‘Iran ka sath dene ja rahe hai sab milkar Allahu Akbar Hindustan ka musalman na kal dara tha na ham aaj darengey’ [translation: everyone together is going to support Iran. Allah is the greatest. Muslims of India were not afraid yesterday, and we will not be afraid today].In the bail order passed on April 9, Justice Ramkumar Choubey said that the statement only shows support for Iran and cannot be said to be promoting enmity in India.“The material placed in the case diary shows that the offence has been registered against the applicants only on the basis of material i.e. reel on Instagram in which the applicants along with others are sayings the words as mentioned hereinabove, which clearly shows that none of the content can be said to be promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., rather it is only showing a protest in favour of foreign country Iran, which is recently facing War with the United State of America,” the Bench said..The Court also opined that the police did not have sufficient material to book the accused.“It also appears that the police has registered an FIR against the applicants even without having sufficient material constituting the alleged offence.”It, thus, granted bail to the accused. “It is directed that the applicant Wasim Khan and Yousuf Mehafooz shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the trial Court concerned, for their appearance before the said Court on all such dates as may be fixed during the pendency of trial. It is further directed that the applicants shall comply with the provisions of Section 480(3) of the BNSS,” ordered the Court..Advocates Zeeshan Siddiqui and Sharik Akeel Farooqui represented the accused. Advocate Amit Pandey appeared for the State.[Read Order]
