Delhi High Court Grants Anticipatory Bail To Actor Aijaz Khan Booked For Making Sexually Explicit Remarks On YouTuber Harsh Beniwal's Family

Justice Ravinder Dudeja however sounded a note of caution against the ills of social media.

“Any content on the internet is porous and accessible to a large audience. Every content on the internet must be uploaded with great caution, especially when, the uploader has a large audience and exercises influence in the society,” the judge said.

The actor is accused of hurling gender based abuse, vulgarity and digital defamation on the complainants in a social media video. He is booked under Section 79 (Word, gesture or act intended to insult modesty of a woman) BNS and Section 67 of IT Act.

Khan on the other hand claimed that his video was in retaliation to a video uploaded by Beniwal, using derogatory words, abuses and obscene gestures such as calling him drug peddler, molestor etc.

Khan further submitted that he had taken down the video.

The High Court observed that the case is based on the video recorded from the actor's phone, which is already in the custody of the Bombay Police.

“In such circumstances, the need for custodial interrogation of the petitioner does not arise, particularly when the relevant documents are no longer within his control,” it said.

The Court further observed that no material was placed on record to indicate that Khan is a flight risk.

“He is not required for any custodial investigation. The arrest should not be mechanical/ automatic especially when no necessity if demonstrated for custodial interrogation. The apprehension of the State of non-cooperation cannot override the principle of “bail not jail”” it said.

Before parting, the Court also noted that both Khan and Beniwal are social media influencers, having a large set of audiences who may be influenced by the material posted by them.

“Thus even if the content is deleted after it is posted by them, it would reach a large set of audience thereby leading to republishing of the same content/sparking a debate over the content among their followers, which eventually affects the victim. Thereby, one should cautiously use social media before posting any content, as it might adversely affect not only the particular individual but their respective fans also at the same time,” the Court said.

Appearance: Mr. Khalid Akhtar, Mr. Bilal Khan, Md. Shadan, Mr. Ahteshanuddin, Advs. for Petitioner; Mr. Yudhvir Singh Chauhan, APP with Insp. Sandeep Panwar and SI Naveen, P.S. Cyber Central.

Case title: Ajaz Khan v. State

Citation: 2025 LiveLaw (Del) 1282

Case no.: BAIL APPLN. 3126/2025

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