High Court Grants Bail to Muslim Men Arrested Over Suspected Pro-Iran Social Media Post

Madhya Pradesh High Court Grants Bail to Two Men Arrested Over Instagram Reel

The Madhya Pradesh High Court has granted bail to two men, Wasim Khan and Yousuf Mehafooz, who were arrested over an Instagram reel allegedly supporting Iran. The order, delivered by Justice Ramkumar Choubey on April 9, was made in response to a bail plea filed by the duo, who had been in custody since March 8.

The case was registered against the two men under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS), which deals with acts promoting disharmony or feelings of enmity among groups on grounds such as religion, language, or community. According to the prosecution, the complaint was lodged by one Brajesh Chavariya, who alleged that he had come across an Instagram reel featuring the accused and others.

The video included the words: “Iran Ka Sath Dene Ja Rahe Hai Sab Milkar Allahu Akbar Hindustan Ka Musalman Na Kal Dara Tha Na Ham Aaj Darengey.” The police initiated action, claiming the content was capable of disturbing communal harmony.

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During the hearing, the counsel for the applicants argued that even if the prosecution's version was accepted in entirety, no offence under the cited provision was made out. It was also submitted that the applicants had been falsely implicated and that there was no likelihood of their absconding or interfering with evidence.

However, after examining the case diary, the Court found that the FIR was based solely on the Instagram reel and nothing more substantial had been placed on record. The judge noted that the content of the video did not satisfy the ingredients required to invoke Section 196(1)(a) of the BNS.

The Court stated, "none of the content can be said to be promoting enmity between different groups… rather it is only showing a protest in favour of foreign country Iran." The Bench further remarked that the material merely indicated support for a foreign nation in the context of an ongoing conflict and did not target or incite hostility between communities within India.

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Significantly, the Court also expressed concern over the manner in which the FIR was registered. It observed, "It also appears that the police has registered an FIR against the applicants even without having sufficient material constituting the alleged offence."

Without delving into the merits of the case, the Court said that continued custody was not warranted. It allowed the bail application, directing that both applicants be released upon furnishing a personal bond of Rs.50,000 each, along with one surety of the same amount, to the satisfaction of the trial court. The order further requires the applicants to remain present before the trial court on all scheduled dates during the pendency of the proceedings and to comply with the provisions of Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).