The Allahabad High Court ordered the release of the applicant, Nadeem, who had been in custody for allegedly posting objectionable comments, i.e. 'I Love Mohammed ke leye gardan katwa bhi sakte hai aur kat bhi sakte hai' on Instagram.

The Court observed that the applicant had no prior criminal antecedents and that the content of the post did not specifically mention any particular community or caste.

The Bench of Justice Rajiv Lochan Shukla ordered, "The applicant is in jail since 7.10.2025. The applicant does not have any criminal antecedents. The supposed objectionable post made on the Instagram handle by the applicant does not name any particular caste or community...Taking into account the material collected during investigation, the role assigned to the applicant as well as the fact that the applicant is in jail since 7.10.2025 and having no criminal antecedents, I deem it appropriate to enlarge the applicant on bail."

Advocate Atul Kumar appeared for the Applicant, while AGA appeared for the State.

A bail application was filed with a prayer to release the applicant, Nadeem, on bail in connection with a case under Sections 353(2), 192, and 152 of the Bharatiya Nyaya Sanhita (B.N.S.), 2023. The applicant contended that the applicant was falsely implicated and had been languishing in jail since October 7, 2025.

He further submitted that the allegations pertained to certain objectionable comments posted on an Instagram handle; however, a charge-sheet was already submitted, the applicant had no prior criminal history, and the trial was unlikely to conclude in the near future.

The State vehemently opposed the bail prayer, arguing that the applicant posted highly insensitive slogans that threatened communal harmony. It placed reliance on a previous judicial precedent involving similar slogans that led to riots in Bareilly, asserting that such actions severely disturbed the law and order situation and incited anti-social elements.

The State said that the applicant had made insensitive comments stating, "I Love Mohammed ke leye gardan katwa bhi sakte hai aur kat bhi sakte hai".

The Court noted that the applicant had no criminal antecedents and had remained in custody for a significant period. The Court further observed that the alleged social media post did not specifically name any particular caste or community. The Court deemed it a fit case for bail and allowed the application.

The Court ordered the release of the applicant on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.

The Court further clarified that the release would be processed via the computer-generated copy from the High Court's official website, and directed the trial court to expedite the release through the Bail Order Management System (BOMS).

Cause Title: Nadeem v. State of U.P. [Neutral Citation: 2026: AHC:100731]

Appearances:

Applicant: Advocate Atul Kumar

Click here to read/download the Order


Justice Rajiv Lochan ShuklaAllahabad High Court

Aastha Kaushik