“Bail Can’t Be Denied Forever”: Allahabad High Court Frees Man Jailed Over Facebook Posts

The Allahabad High Court recently granted bail to a man accused of uploading objectionable Facebook posts allegedly praising Pakistan and insulting the Indian National Flag. The Court observed that however serious the allegations may be, an accused person cannot be kept in jail indefinitely without the trial even beginning.

The case involved Vasik Tyagi, who was booked under several provisions of the Bharatiya Nyaya Sanhita after allegedly posting images and comments considered offensive to the sovereignty and integrity of India. According to the prosecution, one of the posts showed a dog sitting on the Indian flag, while other content allegedly glorified Pakistan.

While opposing the bail plea, the State argued that such acts were extremely serious and capable of promoting separatist sentiments. However, the defence maintained that the accused never intended to threaten the unity or integrity of the country.

Justice Rajiv Lochan Shukla noted that Tyagi had already spent nearly one year in jail and even charges had not been framed against him. The Court also expressed concern over repeated long adjournments granted by the trial court despite the accused remaining in custody.

Relying on the Supreme Court’s recent observation that “bail is the rule and jail is the exception,” the High Court held that prolonged pre-trial detention cannot become a form of punishment. The Court ultimately granted bail subject to certain conditions.