Bail Is The Rule: Allahabad HC Grants Relief To Accused Who Spent About A Year In Jail For 'Insulting' National Flag
Sparsh Upadhyay
28 May 2026 9:59 AM IST
The Allahabad High Court last week allowed the second bail plea of a man accused of uploading an image insulting the Indian National Flag by making a dog sit upon it, along with posting allegedly 'pro-Pakistan' content on his Facebook account.
A bench of Justice Rajiv Lochan Shukla granted relief to the accused, Vasik Tyagi, while relying on the Supreme Court's recent judgment in Syed Iftikhar Andrabi v. National Investigation Agency, Jammu 2026 LiveLaw (SC) 512, wherein the principle of 'bail is the rule and jail is the exception' was reiterated.
Justice Shukla noted that though the charge is grave; however, the same cannot denude accused of his rights guaranteed under Article 21.
The bench also took into account that, to date, no charges have been framed against the applicant, and the trial is unlikely to conclude in the near future.
"The applicant's pre-trial detention cannot be indefinite…The detention of the applicant before conviction cannot be punitive in nature. Punishment can be imposed only after conviction", the Court stressed in its five-page order.
Briefly put, an FIR was lodged on May 16, 2025, alleging that the accused (Vasik Tyagi) posted certain content on his Facebook ID, uploading indecent posts insulting the Indian National Flag and making comments aimed at demeaning and insulting the country at large
According to the FIR, the applicant wrote "Kamran Bhatti Proud of You. Pakistan Zindabad" in one post, and in another post, he uploaded a morphed photograph of the Indian National Flag showing it placed on a dog sitting upon it.
The FIR alleged that the post hurt religious sentiments and created possibilities of enmity and animosity among communities.
Earlier, his first bail plea was rejected by a coordinate bench in September last year.
Hence, he moved this second bail plea wherein his counsel argued that the applicant never intended to act in a manner suggesting encouragement of separatist activities and would never endanger the sovereignty, unity, or integrity of the country.
It was further contended that the act of the applicant cannot be considered to be an act endangering the sovereignty, unity and integrity of India
The AGA, for the state, on the other hand, submitted that the applicant intended to incite secession and to endanger the sovereignty, unity and integrity of India.
It was also submitted that such activities by an Indian citizen constitute a very serious matter and ought not be overlooked by this Court.
The bench, however, granted him bail, noting that the applicant has been in jail for almost a year and that the trial has not yet commenced.
Case title - Vasik Tyagi vs. State of U.P. 2026 LiveLaw (AB) 297
Case Citation: 2026 LiveLaw (AB) 297
