The Allahabad High Court has granted bail to a man accused of uploading an image of a dog sitting on the Indian National Flag on Facebook, observing that prolonged pre-trial detention cannot become punitive before guilt is established. The court further stated that pre-trial detention cannot be indefinite.
Details of the Case
Vasik Tyagi, the accused, had been in jail since June 7, 2025, for allegedly posting a photograph of a dog on the Indian flag and making pro-Pakistan comments on Facebook. The court noted that charges had not yet been framed and the case had not been committed to the Sessions Court.
Court's Observations
Justice Rajiv Lochan Shukla, while hearing Tyagi's second bail application, emphasized that detention before conviction cannot be punitive. The court remarked, "Punishment can be imposed only after conviction." The court had earlier called for a report from the trial court after noticing unusually long adjournments, including the accused not being produced on December 15, 2025, and subsequent dates being pushed to April 16, 2026.
The trial court's report confirmed the delays and assured that unnecessary adjournments would not be given in cases of undertrial prisoners in the future. The state opposed bail, arguing that Tyagi's posts extolled Pakistan and insulted the national flag, constituting a serious matter.
Previous Rejection and Supreme Court Precedent
The court's earlier rejection order on September 8, 2025, had noted that the posts appeared intended to incite secession and endanger India's sovereignty. However, granting bail this time, the court relied on a Supreme Court judgment from May 18, 2026, in Syed Iftikhar Andrabi vs. National Investigation Agency, which reiterated that bail is a constitutional principle under Articles 21 and 22 of the Constitution, not merely a statutory one.
Application of Legal Principles
The Allahabad High Court applied the principle that "bail is the rule and jail is the exception" as a constitutional principle. The court stated, "The charge against the applicant is, no doubt, grave; however, the same cannot denude him of his rights guaranteed under Article 21 of the Constitution of India. The applicant's pre-trial detention cannot be indefinite."
Charges and Bail Conditions
Tyagi is booked under Sections 152, 192, 197(1), and 353(2) of the Bharatiya Nyaya Sanhita (BNS). The maximum punishment under Section 152 BNS is life imprisonment or up to seven years. With the trial unlikely to conclude soon, the court found a prima facie case for bail. Bail has been granted subject to conditions, including that Tyagi will not tamper with evidence, intimidate witnesses, and will cooperate with the trial and appear on every court date.
