Allahabad High Court Grants Bail to Sajid Chaudhary in Social Media Case
Court Upholds Freedom of Speech, Emphasizes Need for Reasonable Standards in Invoking Section 152 of Bharatiya Nyaya Sanhita, 2023
In a significant ruling, the Allahabad High Court has granted bail to Sajid Chaudhary, accused of posting a controversial comment on social media. The court emphasized the importance of freedom of speech and expression, while cautioning against the misuse of stringent legal provisions. Sajid Chaudhary had been arrested and languishing in jail since May 2025, following accusations of endangering the sovereignty and integrity of India through a comment that allegedly supported Pakistan.
The judgment, delivered by Justice Santosh Rai, focused on the application of Section 152 of the Bharatiya Nyaya Sanhita, 2023, a provision aimed at penalizing actions promoting secession, armed rebellion, or subversive activities. The court observed that Sajid's post did not meet the criteria required to invoke Section 152, as it did not actively promote any such activities. The judge noted that the comment "Pakistan Zindabad" alone was insufficient to attract the section's stringent penalties, which demand a higher threshold of promoting separatism or endangering national integrity.
Highlighting Sajid's lack of criminal history, the court underscored the applicant's fundamental right to a speedy trial and expressed concerns over overcrowding in jails. The court's approach reflects a balanced view, acknowledging the delicate interplay between national security concerns and individual freedoms enshrined in the Constitution.
The judgment also referenced the Supreme Court's observations in the case of Imran Pratapgadhi v. State of Gujarat, underscoring that freedom of thought and expression is a cornerstone of democracy. It called for applying reasonable standards before registering cases based on social media posts, suggesting that legal interpretations should align with the perspectives of strong-minded and reasonable individuals rather than fluctuating public sentiments.
The bail was granted with specific conditions designed to ensure the accused does not tamper with evidence or threaten witnesses. Sajid is required to comply with court proceedings diligently and must not misuse the liberty granted. The court warned that any breach of these conditions could lead to legal repercussions, including the cancellation of bail.
The ruling is seen as a reaffirmation of constitutional freedoms while cautioning authorities to exercise restraint and adopt nuanced standards when dealing with cases involving freedom of expression and national security.
Bottom Line:
Bail granted to accused under Section 152 of Bharatiya Nyaya Sanhita, 2023, with specific conditions ensuring the trial process is not hampered and the accused does not misuse the liberty of bail.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 152; Constitution of India Article 19(1)(a), Article 21; Criminal Procedure Code, 1973; Bharatiya Nagarik Suraksha Sanhita, 2023
Sajid Chaudhary v. State of U.P., (Allahabad) : Law Finder Doc Id # 2788733
