Allahabad High Court Grants Bail To Man Accused Of Posting Fake Video Showing PM Modi Urging Pakistani PM To Start War

The Allahabad High Court has granted bail to a man accused of posting a video on WhatsApp suggesting that Prime Minister Narendra Modi is telling the Pakistani Prime Minister to engage in war so that they can keep power for five years.

The Court was considering a Bail Application seeking release of the Applicant in a case registered under Section 152 of the Bharatiya Nyaya Sanhita, 2023.

The bench of Justice Arun Kumar Singh Deshwal observed, ".....considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and the allegation made in the FIR, this Court is of the view that aforesaid video on the WhatsApp status of applicant does not attract the ingredients of Section 152 BNS and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail."

The Applicant was represented by Advocate Hemant Kumar, while the Respondent was represented by Government Advocate.

Counsel for the Applicant contended that allegation was made in the FIR that Applicant uploaded the video on his Whatsapp status showing the photo of Prime Minister of India, Shri Narendra Modi as well as the Prime Minister of Pakistan and in the background video of film was running wherein audio was playing that both two sides were talking to each other and saying that people of both the countries are unhappy with their leaders and want to remove them from their posts. Therefore, they should exchange poisonous words against each other and engage in war so that the people would remain mum for 5 years.

It was further submitted that even if it is admitted that the said video was uploaded on the status of the Applicant, the case would not fall within the premise of Section 152 BNS and therefore, the Applicant has been falsely implicated and even with no criminal history and he is languishing in jail since.

The Court granted him bail with the condition inter-alia that he shall not upload any objectionable post on social media.

The Application was accordingly allowed.

Cause Title: Javed v. State of U.P. (2025:AHC:178662)

Appearances:

Applicants- Advocate Hemant Kumar, Advocate Satyendra Kumar Tripathi

Respondents- Government Advocate, Additional Government Advocate Rakesh Kumar Mishra

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