Prayagraj, May 28: Reiterating the long-standing legal principle that “bail is the rule and jail is the exception,” the Allahabad High Court has granted conditional bail to a man accused of insulting the Indian National Flag and sharing pro-Pakistan content on social media.
The accused, Wasik Tyagi, had spent nearly a year in jail after being arrested in connection with an FIR lodged on May 16, 2025, at Charthawal police station in Uttar Pradesh’s Muzaffarnagar district.
According to the prosecution, Tyagi allegedly uploaded a morphed image on Facebook showing the Indian tricolour placed on a seated dog. He was also accused of posting messages praising Pakistan, including the statement: “Kamran Bhatti, proud of you. Pakistan Zindabad.” Authorities claimed that the posts were aimed at provoking separatist sentiments, disturbing communal harmony, and threatening the sovereignty and integrity of India.
Tyagi’s first bail application had been rejected in September 2025 by another bench of the High Court. However, Justice Rajiv Lochan Shukla, while hearing the second bail plea, relied on the Supreme Court’s recent judgment inSyed Iftikhar Andrabi vs National Investigation Agency to grant relief.
In its five-page order, the Court stressed that the seriousness of allegations cannot override the constitutional rights guaranteed to an accused under Article 21. The bench observed that charges in the case are yet to be framed and that the trial is unlikely to conclude anytime soon, making prolonged pre-trial detention unjustified.
“The detention of the applicant before conviction cannot be punitive in nature. Punishment can only be imposed after conviction,” the Court observed while granting bail.
The defence counsel argued that the accused had no intention of promoting separatism or undermining the unity of the nation, and contended that the alleged social media posts did not amount to acts threatening India’s sovereignty.
While allowing the bail plea, the High Court imposed certain conditions to ensure Tyagi’s cooperation with the judicial process during the pendency of the trial.
