The Allahabad High Court has granted bail to a Muzaffar Nagar resident who was arrested last year for a controversial Instagram post. The court observed that the slogans used by the accused did not specifically name or target any particular caste or community.
Justice Rajiv Lochan Shukla issued the order on May 4 in favor of the applicant, Nadeem, who had been in custody since October 17, 2025. The case centered on a social media post in which Nadeem allegedly claimed he would be willing to “sever heads” or have his own “head severed” out of devotion to the Prophet Mohammed.
In reviewing the case, Justice Shukla noted that while the Uttar Pradesh police had labeled the remarks as “sensitive” or “objectionable,” the content of the post lacked a specific target. The court highlighted that the text—which read, “I love Mohammed ke liye gardan katwa bhi sakte hain aur kaat bhi sakte hain”—did not mention any specific group that could be viewed as the subject of a direct threat or provocation.
During the hearing, the counsel representing Nadeem argued for his release on several grounds. The defense pointed out that the investigation was largely complete with the submission of a charge sheet. Furthermore, they argued that the trial was unlikely to conclude in the near future and emphasized that Nadeem had no prior criminal record.
The state counsel opposed the bail plea, characterizing the slogan as “insensitive” and potentially inflammatory. The prosecution argued that similar rhetoric had previously incited anti-social elements, citing widespread riots and property damage in the Bareilly district as a direct consequence of such slogans.
A significant turning point in the proceedings occurred when the prosecution’s attempt to link the accused to past violence was scrutinized. The state counsel admitted that the Nadeem Khan involved in the Bareilly riots was not the same individual as the applicant, Nadeem, currently before the court.
Taking this into account, along with the duration of his incarceration and his clean criminal history, the High Court deemed it appropriate to enlarge the applicant on bail.
“Taking into account the material collected during the investigation, the role assigned to the accused 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 order stated.
The ruling underscores the court’s focus on the specificity of “objectionable” content and the necessity of distinguishing between individual cases when citing past civil unrest as a reason for continued detention.
