Allahabad High Court Grants Bail To Man Jailed Since May 2025 Over Alleged PM Modi 'Apologising To Pakistan' Post
Sparsh Upadhyay
16 July 2026 6:52 PM IST
Bail granted subject to a condition that the accused shall not upload objectionable or prejudicial content on social media.
The Allahabad High Court on Tuesday granted bail to a man (Asharaf Khan Alais Nisrat) accused of posting objectionable content on social media against the Prime Minister of India and the Indian Armed Forces. He had been in jail since May 2025.
A bench of Justice Arun Kumar Singh Deshwal observed that a speedy trial is a fundamental right of an accused. The Court pointed out that, in the present case, despite the charges being framed in February 2025, the trial court failed to examine a single witness till now.
Justice Deshwal, however, restrained him from posting any material on social media that may encourage separatist sentiments or, in any manner, be prejudiced in making a request to any particular community.
It may be noted that in July last year, Accused-Asharaf Khan was denied bail by the same bench, observing that the freedom of speech guaranteed under the Constitution does not extend to such acts which disrespect high dignitaries and create disharmony among citizens.
In its order, the single judge had also remarked that it has become a "fashion among certain groups of people" to misuse social media in the garb of freedom of speech and expression by making unfounded allegations against high dignitaries and posting material that creates disharmony and hatred among the people.
However, now he has been granted bail almost 14 months after his arrest.
Briefly put, the accused (Asharaf Khan Alais Nisrat), booked under Sections 152 and 197 BNS, had allegedly uploaded edited videos on his Facebook ID during the 2025 India-Pakistan military face-off.
As per the prosecution's case, the applicant-accused allegedly posted content showing that the Prime Minister Narendra Modi was moving alongside a donkey running a cart with an Aircraft, and thereafter also showing him seeking an apology from Pakistan.
In the alleged post, it was further shown that Wing Commander Vyomika Singh (of the Indian Air Force) was sitting with Pakistan's Army Chief, and it was also mentioned that PM Modi was running to save himself from a Pakistani missile.
Another post stated "Pakistan Air Force Zindabad" and also showed an Indian aircraft being destroyed by a Pakistani aircraft. Certain other 'objectionable' posts against Defence Minister Rajnath Singh and PM Modi were also posted by the applicant.
Allowing the second bail plea, the High Court noted that the primary allegation of making the objectionable video viral had actually been levelled against a co-accused, Shahrukh Khan, who was already enlarged on bail by a coordinate bench in August 2025.
Case title - Asharaf Khan Alais Nisrat vs State of U.P. 2026 LiveLaw (AB) 420
Case Citation: 2026 LiveLaw (AB) 420
