The Allahabad High Court has granted bail to a man who was jailed for allegedly posting on social media that he could get his head severed and could sever heads for "I Love Mohammed."
Court's Observation
In its order dated May 4, Justice Rajiv Lochan Shukla observed that the "supposed objectionable" post made by the applicant did not name any caste or community. The court noted that the post, while potentially provocative, lacked specific references that could incite communal hatred.
Background of the Case
Nadeem, a resident of Muzaffarnagar, was booked by the Uttar Pradesh police last year for allegedly making sensitive remarks on his Instagram profile. The post, which included the phrase "I Love Mohammed," was deemed inflammatory by authorities.
Arguments by Defense
Nadeem's counsel, while seeking bail, argued that a charge sheet had already been submitted and there was no likelihood of the trial concluding in the near future. He also submitted that the accused has no criminal antecedents, emphasizing that Nadeem was a first-time offender with no history of similar offenses.
Opposition by State
Opposing the bail plea, the state's counsel submitted that Nadeem's "objectionable slogan" had led to widespread riots in the Bareilly district, resulting in serious property damage. However, the counsel did not deny that the Nadeem Khan mentioned in the Bareilly case was not the same Nadeem seeking bail in the instant case, indicating a possible case of mistaken identity.
Court's Decision
Taking into account the material collected during the investigation, as well as the fact that the applicant has been in jail since October 17, 2025, and has no criminal antecedents, the court deemed it appropriate to enlarge him on bail. The High Court's order highlighted that the prolonged detention without trial weighed in favor of granting bail.
The case underscores the delicate balance between freedom of expression and maintaining public order in the digital age. The court's decision to grant bail was based on the lack of direct incitement to violence and the absence of a criminal record.
