Gauhati HC Grants Bail to Instagram User Booked for ‘I Love Pakistan’ Post Amid Terror Attack Tensions [Read Order]

Gauhati: The Gauhati High Court has granted bail to an accused who allegedly posted “I love Pakistan” on Instagram during a time of heightened national sensitivity following a terrorist attack, emphasizing the length of incarceration already undergone by the petitioner.

Justice Kalyan Rai Surana made crucial observations on the balance between national security concerns and individual liberty, taking into account the custodial period already undergone by the accused.

The court was hearing Bail Application No. 1985/2025 filed by Najibul Islam under Section 483 of the BNSS, 2023, seeking bail in connection with Manikpur P.S. Case No. 53/2025, registered under Sections 152/196(1)/197(1)/352/353(2) of the BNS, 2023.

Addressing the specific concerns about the nature of the allegations, the court observed, “The scanned copy of the case diary reveals that the petitioner has put up a social media post on Instagram, which states ‘I love Pakistan’. The petitioner was arrested and taken into custody on 01.05.2025. Therefore, as on date, the petitioner has spent about 70 days in custody.”

Highlighting the prosecution’s opposition to the bail plea, the court noted, “The prayer for bail is opposed by the learned APP on the ground that, at a crucial time when the entire nation was in grief because of the terrorist attack from the Pakistan side, the petitioner had made a social media post in support of Pakistan.”

The court also recorded the prosecution’s apprehension that “if the petitioner is released on bail, he may involve himself in further anti-India activities.”

Emphasizing the duration of incarceration, the court held, “In view of the length of incarceration already suffered by the petitioner, this Court is of the considered opinion that further custodial interrogation of the petitioner may not be required.”

Regarding the status of the trial, the court noted that the matter is currently being tried as Sessions Case No. T-II 47/2025 before the Court of the learned Sessions Judge, Bongaigaon.

The court acknowledged the sensitive timing of the post, stating that it was made “at a crucial time when the entire nation was in grief because of the terrorist attack from the Pakistan side.”

In its final directive, the court ordered, “The Court is inclined to release the petitioner, namely Najibul Islam, on bail in connection with the aforesaid case, on furnishing a bail bond of Rs.40,000/- with two (2) solvent sureties of like amount to the satisfaction of the learned Sessions Judge, Bongaigaon.”

Stringent conditions were imposed, including: “The petitioner shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court,” and “The petitioner shall appear before the Manikpur P.S. once every month for a period of 12 months from the date of this order.”

The court also warned that “in the event the petitioner is found to be involved in any such activity or is found to have threatened any witness, it would be open to the concerned police to move the jurisdictional Court for cancellation of bail.”

The petitioner was represented by advocates Mr. A.A. Dewan, Mr. A. Malek, and Mr. H.A. Rashid, while Mr. R.J. Baruah, learned APP, appeared for the State of Assam.

Case Title: Najibul Islam vs. State of Assam

[Read Order]