Bail Granted Despite Allegations of Spreading Violence Via Social Media; No Specific Role Attributed to the Accused
In a significant ruling, the Allahabad High Court has granted bail to Himanshu Thakur, accused in a case involving mob violence and alleged misuse of social media to incite unrest. The bail application was heard by Justice Avnish Saxena, who delivered the judgment on August 20, 2026.
Himanshu Thakur was arrested in connection with a mob violence incident that occurred on April 15, 2026, in Gautam Buddha Nagar. The incident involved a large gathering of individuals, approximately 450-500, who engaged in stone pelting and damaging public and private property. The case was registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, along with the Prevention of Damage to Public Property Act.
Despite the gravity of the charges, the court noted that no specific role was attributed to Thakur in the mob violence, which was a key factor in granting bail. The court also observed that Thakur had been in jail since April 19, 2026, and had secured bail in several other cases against him.
The prosecution argued against the bail, claiming that Thakur played a pivotal role in propagating violence throughout the state via social media and other digital platforms. However, the defense, led by advocate Qamar Ali Jafri, successfully argued for bail, highlighting the lack of specific allegations directly linking Thakur to the acts of violence.
Justice Saxena emphasized that the decision to grant bail was made without delving into the merits of the case, relying on precedents set by the Supreme Court in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in re. The judgment underscored the importance of the accused cooperating with the judicial process to ensure a fair and speedy trial.
The bail is conditional on Thakur furnishing a personal bond and two sureties, as determined by the concerned court. The decision underscores the judiciary's balanced approach in handling cases of public unrest while ensuring individual rights are protected.
Bottom Line :
Bail application granted in a case involving mob violence where no specific role is attributed to the accused applicant.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 (Sections 109(1), 191(1), 191(2), 121(2), 132, 333, 125, 127(2), 115(2), 352, 324(6), 61(2), 190, 191(3), 324(4), 324(5), 324(6), 326(G), 326(F), 357(3)), Prevention of Damage to Public Property Act (Sections 3/4), Criminal Law Amendment Act (Section 7)
Himanshu Thakur v. State of U.P., (Allahabad) : Law Finder Doc id # 2969223
