Allahabad High Court Permits Bail To Mohammad Riyaz: Says Supporting Pakistan Without Mentioning India Not Offence Under Section 152 BNS

Justice Arun Kumar Singh Deshwal of the Allahabad High Court has permitted the bail of an 18-year-old Mohammad Riyaz from Sambhal, Uttar Pradesh. Justice Arun reportedly observed that merely expressing support for Pakistan without referencing any specific incident or mentioning India by name does not prima facie constitute an offence under Section 152 of the Bharatiya Nyaya Sanhita (BNS). Section 152 of the Bharatiya Nyaya Sanhita (BNS) criminalizes acts that endanger the sovereignty, unity, and integrity of India. These activities include those that promote secession, armed rebellion, or subversive activities. 

What prepared the grounds of Riyaz bail?

Permitting the bail of Riyaz, Justice Arun said that he has considered the submissions of learned counsel for the parties and perusal of record. He said that it is not in dispute that while posting the aforesaid post through Instagram ID, Riyaz didn’t mentioned anything which shows disrespect towards our country. Justice Arun, however, also added that merely posting a message to simply show support for any country may create anger or disharmony among citizens of India. According to him, it may also be punishable under Section 196 BNS which is punishable up to seven years. 
Section 196 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of promoting enmity between different groups on religion, race, place of birth, residence, language, etc. This section also acts prejudicial to the maintenance of harmony. It essentially criminalizes actions that propagate hatred or ill-will between various groups based on these specified grounds. 

What did Riyaz said in the social media post?

According to the FIR, Riyaz had posted the following story through his Instagram ID: “Chahe jo ho jai support toh bas ….. Pakistan ka karenge. (Whatever happens, will only support Pakistan).” Riyaz hails from Sambhal, Uttar Pradesh. 

When was Riyaz arrested?

Riyaz was arrested for his social media post in May 2025. Sambhal Superintendent of Police (SP) Krishana Kumar had confirmed the arrest.

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