The Allahabad High Court granted bail to Asharaf Khan who had been in custody since May 13 2025 for allegedly sharing a social media post that depicted Prime Minister Narendra Modi apologising to Pakistan accompanied by the slogan Pakistan Jindabad. The order was passed by Justice Arun Kumar Singh Deshwal on July 14 2026.
The prosecution case stemmed from a First Information Report filed against Khan. The State alleged that the post insulted the Indian Army the Prime Minister and the Defence Minister was prejudicial to national integration and encouraged separatist activities. Khan was arrested on May 13 2025 and his first bail application was dismissed by the High Court in July 2025.
In his second bail plea Khan contended that there was no material on record to show that he had forwarded the alleged objectionable post. He highlighted that although charges had been framed on February 14 2025 not a single prosecution witness had been examined resulting in prolonged incarceration. He argued that this delay violated his fundamental right to a speedy trial. Khan also pointed out that a co‑accused in the same matter had already been granted bail.
The Court accepted these submissions. It observed that Khan had remained in jail for over a year despite the framing of charges and that the trial had made no perceptible progress. The Bench noted that the lack of examination of any prosecution witness indicated that custodial interrogation was no longer necessary. The Court also took into account that the co‑accused had been released on bail and that the trial was still underway.
While considering the bail application the High Court referred to principles laid down by the Supreme Court governing the grant of bail. It also referred to the prevailing problem of prison overcrowding and the heavy pendency of criminal cases before trial courts. The Bench emphasized that the speedy trial is a fundamental right of an accused and that continued detention without trial progress amounted to a violation of that right.
Accordingly the Court granted bail to Khan subject to certain conditions. He is directed not to post any material on social media that could encourage separatist activities or that could be prejudicial to national interest or any community. He must cooperate with the trial process and appear before the court as required. The Court warned that any breach of these conditions would be ground for cancellation of bail.
The order underscores the High Court’s concern over undue delay in criminal proceedings and its willingness to intervene when the right to a speedy trial is at stake. It also illustrates the balancing act between protecting national interests and safeguarding individual liberty during the pendency of trial.