Inclination Towards Anti-National Ideology: Allahabad High Court Denies Bail To Person Accused Of Insulting Indian National Flag By Making A Dog Sit Upon It

The Allahabad High Court declined bail to the person accused of posting on social media an Indian National Flag on the ground and making a dog sit upon it and commenting ‘Ab to kutty b mot rahe h’.

The High Court said that the act of insulting the national honour by burning, mutilating, defiling, destroying, trampling upon is an offence.

The Bench of Justice Sanjay Kumar Singh observed, “The Indian National Flag should not be intentionally allowed to touch the ground or the floor. It should be revered and any comment or insult, is a punishable offence by law. Act of insulting the national honour by burn, mutilates, defiles, destroys, tramples upon is an offence. Any person, who is directly or indirectly involved in maligning the image of our country (India) and National flag in any manner are hazardous for the society, hence such persons are not liable for any sympathetically consideration.”

Case Brief

The Applicant filed a Bail Application, who was charged under Sections 152, 192, 197(1), 353(2) of BNS, 2023. The Applicant was accused of uploading a post on his Facebook ID in support of Pakistan, in which it was mentioned that “Kamran Bhatti Proud of You. Pakistan Zindabad” and has also put an Indian National Flag on the ground and made a dog sit upon it.

The FIR alleged that the said post had hurt the religious sentiments in the area, due to which feelings of enmity, hatred and animosity between the castes and communities is growing on the basis of religion etc. due to which, there is a possibility of breach of peace.

The Applicant contended that he had neither uploaded, nor liked any anti-national post or hurt the sovereignty and integrity of the country.

Court’s Observation

After taking into account the submission of Prosecution and examining the matter in its entirety, the High Court observed that it was established that the said social media post was against India and in support of Pakistan.

The Court said, “The comment made by applicant while insulting Indian National Flag that ‘Ab to kutty b mot rahe h’ is a matter of grave concern.”

Further, the High Court opined that the feeling of the Applicant was not patriotic and he had intentionally posted the said posts with a view to lower down the dignity of India. “The said posts uploaded by the applicant through his Facebook account are provocative, objectionable and capable of inciting communal disharmony and disturbing public peace and order. The said posts indicate inclination towards glorification of anti-national ideology, which cannot be ignored”, the Court added.

The High Court emphasised that the Indian National Flag is a symbol of pride and patriotism. It represents the hope and aspiration of the people of India. The Indian National Flag should not be intentionally allowed to touch the ground or the floor.

The Court also said that any person, who was directly or indirectly involved in maligning the image of India and National flag in any manner are hazardous for the society, hence such persons were not liable for any sympathetical consideration.

Accordingly, the High Court denied bail to the Applicant keeping in view the nature of the posts allegedly posted by the Applicant on social media platform, gravity of offence and its potential impact on societal harmony.

Cause Title: Vasik Tyagi V. State of U.P (Neutral Citation: 2025:AHC:157691)

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