Recently, the Delhi High Court granted anticipatory bail to actor Ajaz Khan in a high-profile cyber harassment case, noting that custodial interrogation was unnecessary and emphasizing the principle of “bail, not jail.” The Court observed that the petitioner had already surrendered all electronic devices relevant to the investigation and cautioned social media influencers on the responsible exercise of free speech, underscoring that online content can have far-reaching consequences.
Brief Facts:
The controversy began after the son of the complainant, a famous social media influencer, posted a parody video for entertainment. The petitioner allegedly uploaded a reaction video containing sexually explicit remarks targeting the complainant and her daughter, and subsequently issued threats in another video. This led to FIR under Section 79 of the Bhartiya Nyaya Sanhita, 2023, and Section 67 of the IT Act, 2000. The petitioner had previously been granted anticipatory bail in an unrelated FIR in Mumbai and had surrendered all electronic devices as per court orders.
Contentions of the Petitioner:
The petitioner’s counsel argued that the reaction video was a response to a defamatory video by the complainant’s son. He highlighted that all electronic devices were already in police custody, custodial interrogation was unnecessary, and the petitioner was willing to fully cooperate, including providing voice samples. He further stressed that the petitioner posed no flight risk.
Contentions of the Respondent:
The State submitted that the petitioner deliberately evaded investigation despite multiple notices, citing his influence over a large online audience and the seriousness of online gender-based abuse and digital defamation. They argued that anticipatory bail could impede the investigation and compromise witnesses.
Observations of the Court:
The Court noted that both parties were social media influencers with large audiences, cautioning against irresponsible use of platforms, as content, even if deleted, could reach and influence many. The Court observed that “the offences alleged carry maximum imprisonment of three years and fine” and custodial interrogation was not required given that the petitioner’s devices were already with Mumbai Police.
Emphasizing the principle of liberty, the Court remarked, “The apprehension of the State of non-cooperation cannot override the principle of ‘bail not jail.’” The Court also issued a cautionary note on responsible exercise of free speech under Article 19, stressing that speech crossing into insult or humiliation collides with the right to dignity.
The decision of the Court:
The Court granted anticipatory bail to the petitioner on furnishing a personal bond of ₹30,000 with one surety of the same amount. Conditions include full cooperation in the investigation, surrender of passport, providing voice samples, and updating the authorities of any changes in address or contact details. The Court clarified that nothing in the order comments on the merits of the case and cautioned about responsible social media usage.
Case Title: Ajaz Khan vs. The State Nct of Delhi
Case No.: Bail Appln. 3126/2025
Coram: Justice Ravinder Dudeja
Advocate for Petitioner: Adv. Khalid Akhtar, Bilal Khan, Md. Shadan, Ahteshanuddin
Advocate for Respondent: Adv. Yudhvir Singh Chauhan (APP)
Read Judgment @LatestLaws.com
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