
16/07/2025
A court in Assam recently granted bail to a man accused of alleged “anti-national activity” on social media. The court issued specific directions to the accused in its bail order, notably asking him to “chant ‘Jai Hind’ 3 times in the morning for 21 days.” The accused, Arif Rahman, has also been directed to record himself saying ‘Jai Hind’ and share the video on his social media.
The accused was arrested in the aftermath of the Pahalgham tragedy, which left tens of civilians dead, after a complaint was filed alleging that he had praised Pakistan using a fake Facebook account. While the case may later take its own course when it goes for trial, the bail order is prima facie flawed and defeats the purpose of procedural fairness.
Objective of bail
Bail is simply the release of a person from custody. Bail does not determine a person’s innocence or guilt, but given that a trial takes a long time to conclude, a person cannot be confined to prison for an extended period of time. Additionally, the principle of “presumption of innocence”, a core tenet of criminal jurisprudence, lays down that any person accused of an offence is innocent until proven guilty by the state authorities.
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