The Allahabad High Court recently granted bail to Savej, a man accused of circulating a video allegedly made in Pakistan that contained derogatory remarks against the Prime Minister of India. Justice Santosh Rai, on September 9, 2025, allowed the bail application, emphasizing constitutional safeguards under Article 21 and noting the overcrowding of prisons.
The case was registered earlier this year at the Bhopa police station in Muzaffarnagar. Savej was arrested on May 10, 2025, and charged under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 147, 152, 196, and 197(1)(d), as well as Section 13(A) of the Unlawful Activities (Prevention) Act (UAPA). These charges relate to offenses such as rioting, promoting enmity between different groups, and statements conducing to public mischief, along with sections of the UAPA concerning unlawful activities.
The prosecution argued against the bail plea, asserting that Savej's innocence couldn't be determined pre-trial and stressed the severity of the offense. They submitted that Savej had circulated a video allegedly created in Pakistan, which adversely impacted national security and public order. While acknowledging Savej didn't produce the video but only shared it on his WhatsApp status, the State contended that such circulation could disturb communal harmony. The prosecution further noted that a charge sheet had already been filed and warned that if released, Savej might engage in similar activities and misuse his bail. The FIR alleged that the video blamed Prime Minister Modi for the Pulwama and Pahalgam terror attacks and had the potential to disturb communal peace, endanger national security, and affect social order.
Savej's counsel argued that he had not committed any of the alleged offenses and described the FIR as false and intended to harass him. They claimed Savej's arrest was based on suspicion and the recovery of a mobile phone was fabricated, with no independent witnesses examined during the investigation. The counsel also argued that the charges under the BNS and UAPA were not applicable in this case. They stressed that Savej had no prior criminal record and had been in custody since May 10, 2025, assuring the court he would not misuse his liberty if released on bail. The defense also pointed out that the investigating officer had not examined any independent witness during the investigation.
The Allahabad High Court, after examining the record, found no evidence of past criminal conduct and highlighted the uncertainty of an early trial completion. The court considered factors including the overcrowding in prisons and the fundamental right to a speedy trial under Article 21 of the Constitution. The court clarified that any violation of the bail conditions would be treated as an abuse of liberty and grounds for cancellation of bail.
