Bail granted on grounds of parity, jail overcrowding, and adherence to Supreme Court guidelines.
In a significant decision, the Allahabad High Court has granted bail to Asharaf Khan, also known as Nisrat, who has been in custody since May 13, 2025, on charges of making objectionable posts that are prejudicial to national integration. The bail was granted by Justice Arun Kumar Singh Deshwal, acknowledging the fundamental right to a speedy trial and considering the parity with co-accused who have already been released on bail.
The court emphasized the applicant's prolonged detention without any witness being examined since the framing of charges in February 2025. Highlighting the constitutional right to a speedy trial, the court noted that the applicant's continued incarceration was unjustified given the lack of progress in the trial proceedings.
The bail decision also considered the overcrowding of jails and the substantial backlog of criminal cases. The court referred to the guidelines laid down by the Supreme Court and other High Courts, particularly noting the cases of Kapil Wadhawan vs Central Bureau of Investigation and Maya Tiwari vs State of U.P., which outline the principles for granting bail.
The court imposed specific conditions on Khan, including a prohibition on posting or circulating any objectionable content on social media, and mandated cooperation with trial proceedings. These conditions aim to prevent any potential misuse of liberty while ensuring that the trial process is not hindered.
The counsel for Khan argued that there was no substantial evidence against him, and the delay in trial proceedings violated his right to a speedy trial. Additionally, it was noted that the co-accused, Shahrukh Khan, had already been granted bail, reinforcing the argument for parity.
Opposing the bail, the State's counsel contended that Khan's actions disrespected national figures and promoted slogans that were detrimental to national unity. However, the court found that these allegations, coupled with the absence of witness examination, did not justify further detention.
The court's order mandates verification of the applicant's identity and residence, along with adherence to bail conditions, warning that any breach could result in cancellation of the bail. The decision reflects a balanced approach, ensuring that the rights of the accused are protected while maintaining the integrity of the judicial process.
Bottom line:-
Bail application granted considering the right to a speedy trial, parity with co-accused, jail overcrowding, and guidelines laid down by the Supreme Court and High Court regarding bail.
Statutory provision(s): Criminal Procedure Code, 1973 Section 439, Bharatiya Nyaya Sanhita (BNS) Sections 152, 197
Asharaf Khan Alais Nisrat v. State of U.P., (Allahabad) : Law Finder Doc id # 2941891
