Man posted image of dog sitting on Indian flag on Facebook; Allahabad HC grants bail — here’s why

NEW DELHI: The Allahabad high court grants bail to man accused of posting image of the Indian flag with dog sitting upon it on Facebook. The court further said “pre-trial detention cannot be indefinite.“The high court has granted bail to Vasik Tyagi, a man accused of uploading posts on Facebook showing a dog sitting on the Indian National Flag and allegedly making pro-Pakistan comments, observing that prolonged pre-trial detention cannot become punitive before guilt is established, as per a report by LiveLaw.What did the high court ruling saysJustice Rajiv Lochan Shukla, while hearing Tyagi’s second bail application, noted that he had been in jail since June 7, 2025, that charges had not yet been framed, and that the case had not even been committed to the Sessions Court.“The detention of the applicant before conviction cannot be punitive in nature. Punishment can be imposed only after conviction,” the court observed.The court had earlier called for a report from the trial court after noticing unusually long adjournments, the accused was not produced on December 15, 2025, and the next date was fixed for February 10, 2026, which was then pushed to April 16, 2026.The trial court’s report confirmed the delays and assured that “in future, unnecessary adjournments will not be given in cases of undertrial prisoners.”The state had opposed bail, arguing that Tyagi had made posts through his Facebook account extolling Pakistan and insulting the Indian National Flag, and that “such activities by an Indian citizen constitute a very serious matter.”The court’s earlier rejection order, passed on September 8, 2025, had noted that the posts appeared “intended to incite secession and to endanger the sovereignty, unity and integrity of India.”However, granting bail this time, the court leaned on a Supreme Court judgment dated May 18, 2026, in Syed Iftikhar Andrabi vs. National Investigation Agency, Jammu, which had reiterated that bail is a constitutional principle, not merely a statutory one.What was Supreme Court’s earlier ruling“The often invoked phrase ‘bail is the rule and jail is the exception’ is not merely an empty statutory slogan flowing from the CrPC. It is a constitutional principle flowing from Articles 21 and 22 of the Constitution and the presumption of innocence which is the cornerstone of any civilised society governed by the rule of law,” the Supreme Court had observed.The Allahabad high court applied this principle directly and said that “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.”Tyagi is booked under Sections 152, 192, 197(1) and 353(2) of the Bharatiya Nyaya Sanhita (BNS). The court noted that the maximum punishment under Section 152 BNS is either life imprisonment or up to seven years, and that with the trial not likely to conclude in the near future, “a prima facie case for bail is made out.”Bail has been granted subject to conditions including that Tyagi will not tamper with evidence, will not intimidate prosecution witnesses, will cooperate with the trial, and will appear on every date fixed by the trial court.