Elham Asaad Buaras
A Muslim man accused of posting videos mocking Indian Prime Minister Narendra Modi and praising Pakistan has been granted bail after spending 15 months behind bars without a single prosecution witness being heard.
The Allahabad High Court granted bail to Asharaf Khan, also known as Nisrat, in a ruling delivered on July 14 after finding that his case had stalled despite charges having been framed months earlier.
Justice Arun Kumar Singh Deshwal said Khan’s constitutional right to a speedy trial weighed in favour of granting bail, noting that prosecutors had failed to make meaningful progress with the case.
However, the judge imposed strict conditions, ordering Khan not to publish material on social media that could be considered objectionable, inflammatory or capable of promoting separatist views or communal tensions.
Khan was arrested in May 2025 during heightened tensions between India and Pakistan after police accused him of sharing edited Facebook videos and posts critical of Modi and India’s armed forces.
Prosecutors alleged the content mocked the Prime Minister, praised Pakistan’s air force and circulated manipulated images involving senior Indian and Pakistani officials.
He was charged under provisions of India’s criminal law relating to acts considered prejudicial to the country’s sovereignty, unity and integrity.
The High Court also noted that allegations concerning the widespread circulation of the material primarily involved a co-accused, Shahrukh Khan, who was granted bail in August 2025.
Justice Deshwal had rejected Asharaf Khan’s first bail application in 2025, ruling that freedom of expression does not protect speech that undermines constitutional authorities or promotes social discord.
In the ruling, however, the judge concluded that the prolonged delay in the trial had changed the legal position. More than a year after Khan’s arrest, no prosecution witnesses had been examined, prompting the court to rule that his continued detention could no longer be justified while reaffirming that the right to a speedy trial is a fundamental constitutional guarantee.
The criminal case against Khan remains pending, and the charges have not yet been determined by the court.
