Lack of Criminal History and Prolonged Incarceration Cited as Key Factors in Bail Approval
In a significant ruling, the Allahabad High Court has granted bail to Nadeem, an applicant accused of posting objectionable comments on his Instagram account. The decision, delivered by Justice Rajiv Lochan Shukla, comes after Nadeem had been incarcerated since October 7, 2025. The case, filed under Sections 353(2), 192, and 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was based on allegations of the applicant making a controversial statement that purportedly led to unrest.
The counsel for the applicant, Atul Kumar, argued that Nadeem had been wrongfully accused and emphasized the absence of any criminal antecedents. He further highlighted that the contentious post did not target any specific caste or community. The prosecution, represented by the Government Advocate, contended against the bail, citing potential unrest and drawing parallels to a previous case in Bareilly. However, they acknowledged that the incidents in Bareilly were unrelated to Nadeem’s current charges.
Justice Shukla, upon reviewing the submissions and evidence, noted the applicant’s prolonged detention and the lack of criminal history as crucial factors for granting bail. The court stipulated several conditions for Nadeem’s release, including prohibitions against tampering with evidence, engaging in criminal activities, intimidating witnesses, and ensuring regular court appearances. Any breach of these conditions could lead to the revocation of bail.
The ruling underscores the court's balanced approach in safeguarding individual liberties while maintaining public order. The decision also mandates the use of the Bail Order Management System (BOMS) to expedite Nadeem’s release, reflecting a commitment to procedural efficiency.
Bottom Line:
Bail application granted under Sections 353(2), 192, 152 of Bharatiya Nagarik Suraksha Sanhita, 2023, considering lack of criminal antecedents and prolonged incarceration of the applicant.
Statutory provision(s): Sections 353(2), 192, 152 of Bharatiya Nagarik Suraksha Sanhita, 2023
Nadeem v. State of U.P., (Allahabad) : Law Finder Doc id # 2893429
