A Year Behind Bars for a Facebook Post, Allahabad High Court Takes Lead
The Allahabad High Court grants bail to Vasik Tyagi, the man who was accused of posting an image of the national flag with a dog sitting on it. He was also accused of posting content supporting Pakistan on social media handles.
Justice Rajiv Lochan Shukla, noted that Tyagi has been in jail since June 2025, the court pointed out that charges in the case had still not been framed and the trial was unlikely to conclude anytime soon. “The detention of the applicant before conviction cannot be punitive in nature. Punishment can be imposed only after conviction” The court said.
Previously, the High Court had asked for a report from the trial court on account of repeated and long delays in the case. On December 15, 2025, the accused did not appear before the court. The next date fixed for hearing was February 10, 2026, and then till April 16, 2026. In its report to the High Court, the trial court took notice of the problem and assured that there would be no such delays in future for similar cases involving undertrial prisoners.
The state government argued that Tyagi had made posts from his Facebook account glorifying Pakistan and insulting the National Flag of India and that such activities add up to a very serious matter specially done by an Indian citizen.
Earlier, when the court rejected accused’s bail plea on September 8th, 2025, it observed that the social media posts were leaning towards creating secession and to endanger the sovereignty, unity and integrity of India.
While granting bail tis time the court emphasised on Supreme Court judgement dated May 18, 2026 Syed Iftikhar Andrabi vs. National Investigation Agency, Jammu reaffirming that granting bail is a fundamental constitutional right rather than just a procedural rule.
The Supreme Court noticed that the principle of “bail is the rule and jail is the exception” is not just any slogan or concept under criminal law, but also a constitutional right linked to Article 21 and 22 of the Indian constitution.
Keeping this principle in mind the the Allahabad High Court said “The charge against the applicant is, no doubt, grave; however, the same cannot denude him of his rights guaranteed under Article 21 of the Constitution of India. The applicant’s pre-trial detention cannot be indefinite.”
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Tyagi has been charged under sections 152, 192, 197(1), and 353(2) of the Bharatiya Nyaya Sanhita (BNS). The court said that maximum punishment under section 152 is either seven years or life imprisonment, and since the case was unlikely to conclude anytime soon “a prima facie case for bail is made out.”
The bail was granted to Tyagi under some conditions that he will not try to scare away the prosecution witnesses, he will not interfere with the evidence or try to alter it and Tyagi will show full cooperation and show up on the dates fixed by the trial court.
