The Allahabad High Court refused to grant bail to an accused facing charges under various provisions of the Bharatiya Nyaya Sanhita, 2023, for allegedly uploading objectionable social media posts supporting Pakistan and insulting the Indian National Flag. The Court observed that such acts were “provocative, objectionable and capable of inciting communal disharmony and disturbing public peace,” stressing that any person involved in maligning the dignity of the national flag is not entitled to sympathy.
The case arose from an FIR lodged against the applicant after he allegedly posted content on his Facebook account in support of Pakistan, captioned “Pakistan Zindabad,” alongside a morphed image of the Indian National Flag placed on the ground with a dog seated upon it. The police alleged that the posts were intended to glorify anti-national sentiments and had the potential to disturb communal harmony. The applicant was arrested and his bail plea was rejected by the Sessions Court, prompting him to approach the High Court.
Counsel for the applicant argued that he was innocent, had been falsely implicated, and had never uploaded any such anti-national posts. It was urged that he had been in custody since his arrest and therefore deserved to be released on bail.
Opposing the plea, the State contended that the applicant’s Facebook account was directly linked to the objectionable posts, as confirmed by Meta and cyber reports. The prosecution highlighted that the applicant’s mobile device, seized during investigation, was used for the posts. Independent witnesses also supported the allegations. Additionally, the applicant’s previous criminal history was brought to the Court’s notice. The State submitted that insulting the National Flag is a grave offence and bail could not be justified.
The Court, after examining the case record, found that the posts in question had indeed been uploaded from the applicant’s account. The Bench noted that the applicant’s explanation for the posts was unsatisfactory. Significantly, the Court recorded, “The comment made by the applicant while insulting the Indian National Flag is a matter of grave concern. The posts are provocative, objectionable and capable of inciting communal disharmony and disturbing public peace. They indicate inclination towards glorification of anti-national ideology, which cannot be ignored.”
The Court further observed that the National Flag is a symbol of pride, courage, peace, and growth, representing the aspirations of the people of India. Any insult to the flag, it said, is a punishable offence and cannot be trivialized.
Considering the gravity of the allegations, the nature of the posts, their potential to disturb societal harmony, and the seriousness of the offence, the High Court held that the applicant was not entitled to bail. Accordingly, the bail application was dismissed.
Case Title: Vasik Tyagi Vs. State of U.P. through it Principal Secretary (Home)
Case No.: Criminal Misc. Bail Application No. 27331 of 2025
Coram: Justice Sanjay Kumar Singh
Advocate for Petitioner: Adv. Atul Kumar
Advocate for Respondent: G.A.
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