The Allahabad High Court has granted anticipatory bail to Azaz Ahmad, who was booked for allegedly posting content on social media questioning the government's responsibility following the recent terror attack in Pahalgam, Jammu & Kashmir. Justice Vikram D. Chauhan, on June 27, 2025, allowed the bail application, observing that there was no evidence to suggest Ahmad's actions had caused harm to society or could obstruct the investigation.

Ahmad was booked under Sections 353(3) and 152 of the Bharatiya Nyaya Sanhita (BNS). The court has set strict conditions for the anticipatory bail, which will remain in effect until the charge sheet is filed. These conditions include cooperating with the investigation, being present during the trial, and refraining from influencing witnesses or tampering with evidence.

The court stated that the Assistant Government Advocate (AGA) was unable to demonstrate that granting Ahmad bail would have a negative impact on society or prejudice a free, fair, and full investigation. Justice Chauhan emphasized that there was no material to suggest that Ahmad's actions had caused societal harm or could impede the investigation.

The Allahabad High Court relied on previous Supreme Court judgments, including Ash Mohammad vs. Shiv Raj Singh (2012) and Prabhakar Tewari vs. State of U.P. (2020). These judgments established that a criminal history alone should not be grounds to deny bail unless exceptional circumstances are demonstrated. The court concluded that Ahmad could not be denied bail solely based on his criminal history, as no exceptional circumstances warranting such denial were presented.

This decision follows a similar case where the Allahabad High Court granted interim anticipatory bail to Dr. Madri Kakoti, an Assistant Professor at Lucknow University, who was also booked for a social media post concerning the Pahalgam attack. An FIR was filed against Kakoti based on a complaint by Akhil Bharatiya Vidyarthi Parishad (ABVP) leader Jatin Shukla, who alleged that her posts threatened national integrity. Kakoti, known as Dr. Medusa on social media, allegedly used terms like "saffron terrorists" in her posts, some of which were reportedly shared by Pakistani media channels. She was booked for offences including endangering the sovereignty, unity, and integrity of India.

These cases raise important questions about the limits of free speech, especially on social media, and the potential legal consequences of expressing opinions that could be interpreted as anti-national. While the court has previously stated that "emotions cannot be permitted to overflow to disrespect constitutional authorities" in a case involving a social media post targeting Prime Minister Narendra Modi, the granting of anticipatory bail in these cases suggests a careful consideration of the specific circumstances and potential impact on society.