# Vikas Tyagi v. State of U.P

- **Citation:** (2025) 9 ILRA 1239
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-09-08
- **Case number:** Criminal Misc. Bail Application No. 27331 of 2025
- **Bench:** Sanjay Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/vikas-tyagi-v-state-of-u-p-53864
- **Pages:** 5

## Headnote

1240 INDIAN LAW REPORTS ALLAHABAD SERIES
National Flag, should be granted bail during the
pendency of trial.

HEADNOTES
Criminal Law - Code of Criminal Procedure
(CrPC), 1973 - Section 436A - Bharatiya
Nyaya Sanhita (BNS), 2023 - Sections
152, 192, 197(1), 353(2) - Arms Act, 1959
- Sections 3, 25, 27 - Indian Penal Code
(IPC) - Sections 307, 504- Bail Application -
FIR - registered under Sections 152, 192,
197(1) & 353(2) of BNS - Allegations of
uploading Facebook posts supporting Pakistan
and insulting the Indian National Flag - which
allegedly incited enmity and threatened public
peace - Arrest - trial court rejected his bail plea
- present bail application - applicant pleaded
that he is innocent, falsely implicated, has not
uploaded any anti-national content, and has
been in jail since June 2025 - State opposed
bail plea, contending that cyber investigation
confirmed his Facebook ID was linked to his
mobile numbers and IP addresses used for
uploading
the
alleged
anti-national
posts,
including a morphed image insulting the Indian
National Flag and his mobile phone used in the
crime was seized for forensic examination -
Independent
witnesses
supported
the
prosecution, warning of communal animosity
from his acts - court finds that Independent
witnesses corroborated prosecution's case - his
criminal history in Arms Act and IPC cases noted
- Court emphasized sanctity of the National Flag
and seriousness of anti-national acts - hence -
Bail application rejected considering gravity of
offence and societal impact - consequently,
Application stands rejected. (Para - 8, 9, 10)
Application Rejected. (E-11)

CASE LAW CITED
No specific case law cited.
LIST OF ACTS

Bharatiya Nyaya Sanhita (BNS), 2023 - Arms
Act, 1959 - Indian Penal Code.

LIST OF KEYWORDS
Bail application - Anti-national post - Facebook
ID - Cyber investigation - National Flag insult -
Communal disharmony - Criminal history -
Public peace - Muzaffar Nagar - BNS 2023.
CASE ARISING FROM
Case Crime No. 104 of 2025, Police Station
Charthawal, District Muzaffar Nagar, Uttar
Pradesh.

APPEARANCE OF PARTIES
Counsel for Appellant(s): Mr. Atul Kumar.
Counsel for Respondent(s): Mr. Rabindra Kumar
Singh, learned Additional Government Advocate.

## Text

9 All. Vikas Tyagi Vs. State of U.P.
1239
सारिाि तथ्यों एिं पररक्स्थनतयों का समग्र रूप
से अिलोकि करिे के बाद, सबूतों की प्रकृनत
और ककसी भी ठोस विरोधात्मक सामग्री की
अिुपक्स्थनत, भारत के संविधाि के अिुच्छेद
21 के व्यापक अचधदेश और Dataram Singh
Vs. State of U.P. and another reported in
(2018) 3 SCC 22 में माििीय सिोच्च
न्यायालय द्िारा निणीत निणमय को ध्याि में
रखते हुए एिं उपलब्ध सामग्री से छेडछाड की
संभाििा ि होिे के तथ्य को देखते हुए मेर राय
में आिेदक को जमाित पर मुक्त करिे का
उपयुक्त आधार है।

15. अतः िाद के गुण-दोर् पर बबिा कोई
दटप्पणी ककए हुए आिेदक को उपरोक्त िणणमत
अपराध में संबंचधत न्यायालय की संतुक्टट पर
व्यक्क्तगत बंध-पत्र एिं अचधक धिरालश के
कोई
भी
दो
प्रनतभू
प्रस्तुत
करिे
पर
निम्िललणखत शतों के साथ जमानत पर छोड
ददया जाय।

1. आिेदक वििेचिा या पर क्षण के
दौराि अलभयोजि साक्ष्यों के साथ छेडछाड िह ं
करेगा।

ii. आिेदक अलभयोजि साक्षक्षयों ि
पीडडता / लशकायतकताम को िरायेगा/धमकायेगा
िह ं।

iii. आिेदक न्यायालय के आदेशों का
पालि करेगा, िह पर क्षण के दौराि बबिा कोई
अिािश्यक स्थगि ललए नियत नतचथ पर
न्यायालय में उपक्स्थत होगा तथा पर क्षण में
ईमािदार से सहयोग करेगा।

iv. आिेदक जमाित पर ररहा होिे के
बाद जमाित की स्ितंत्रता का दुरूपयोग िह ं
करेगा और ककसी भी अपराचधक गनतविचध में
ललप्त िह ं होगा ि कोई अपराचधक कृत्य
करेगा।

v. आिेदक प्रत्यक्ष या अप्रत्यक्ष रूप
से मामले के तथ्यों से पररचचत ककसी भी
व्यक्क्त या पुललस अचधकाररयों को कोई
प्रलोभि या धमकी िह ं देगा ि ह उिसे कोई
िायदा करेगा, क्जसके कारण उन्हें न्यायालय में
तथ्यों को उजागर करिे से विरत रहिा पडे।

16. उपरोक्त शतों में से ककसी के उल्लंघि के
मामले में, पर क्षण न्यायालय आिेदक की
जमाित नियमािुसार रद्द करिे को स्ितंत्र है।
----------
(2025) 9 ILRA 1239
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 08.09.2025

BEFORE

THE HON'BLE SANJAY KUMAR SINGH, J.

Criminal Misc. Bail Application No. 27331 of
2025

Vikas Tyagi ...Applicant
Versus
State of U.P. ...Respondent

Counsel for the Applicant:
Atul Kumar

Counsel for the Opposite Party:
G.A.

ISSUE FOR CONSIDERATION
Whether the accused-applicant of uploading
anti-national posts and insulting the Indian
1240 INDIAN LAW REPORTS ALLAHABAD SERIES
National Flag, should be granted bail during the
pendency of trial.

HEADNOTES
Criminal Law - Code of Criminal Procedure
(CrPC), 1973 - Section 436A - Bharatiya
Nyaya Sanhita (BNS), 2023 - Sections
152, 192, 197(1), 353(2) - Arms Act, 1959
- Sections 3, 25, 27 - Indian Penal Code
(IPC) - Sections 307, 504- Bail Application -
FIR - registered under Sections 152, 192,
197(1) & 353(2) of BNS - Allegations of
uploading Facebook posts supporting Pakistan
and insulting the Indian National Flag - which
allegedly incited enmity and threatened public
peace - Arrest - trial court rejected his bail plea
- present bail application - applicant pleaded
that he is innocent, falsely implicated, has not
uploaded any anti-national content, and has
been in jail since June 2025 - State opposed
bail plea, contending that cyber investigation
confirmed his Facebook ID was linked to his
mobile numbers and IP addresses used for
uploading
the
alleged
anti-national
posts,
including a morphed image insulting the Indian
National Flag and his mobile phone used in the
crime was seized for forensic examination -
Independent
witnesses
supported
the
prosecution, warning of communal animosity
from his acts - court finds that Independent
witnesses corroborated prosecution's case - his
criminal history in Arms Act and IPC cases noted
- Court emphasized sanctity of the National Flag
and seriousness of anti-national acts - hence -
Bail application rejected considering gravity of
offence and societal impact - consequently,
Application stands rejected. (Para - 8, 9, 10)
Application Rejected. (E-11)

CASE LAW CITED
No specific case law cited.
LIST OF ACTS

Bharatiya Nyaya Sanhita (BNS), 2023 - Arms
Act, 1959 - Indian Penal Code.

LIST OF KEYWORDS
Bail application - Anti-national post - Facebook
ID - Cyber investigation - National Flag insult -
Communal disharmony - Criminal history -
Public peace - Muzaffar Nagar - BNS 2023.
CASE ARISING FROM
Case Crime No. 104 of 2025, Police Station
Charthawal, District Muzaffar Nagar, Uttar
Pradesh.

APPEARANCE OF PARTIES
Counsel for Appellant(s): Mr. Atul Kumar.
Counsel for Respondent(s): Mr. Rabindra Kumar
Singh, learned Additional Government Advocate.

(Delivered by Hon'ble Sanjay Kumar
Singh, J.)

1-By means of this bail application,
applicant-Vasik Tyagi, who is involved in
Case Crime No. 104 of 2025, under
Sections 152, 192, 197(1), 353(2) of BNS,
2023, Police Station Charthawal, District
Muzaffar Nagar, seeks enlargement on bail
during the pendency of trial.

2-The brief facts of the case which are
required to be stated are that Sub-Inspector
Amit Kumar (PNO. 162654527) got a first
information report lodged on 16.05.2025 at
02:41 hours against the accused applicant
Vasik Tyagi for the offence under Section
152, 192, 197(1) and 353(2) of BNS, 2023
stating inter-alia that when he along with
constable Sonu were on a patrolling duty,
checking, search for wanted persons and
maintaining peace in the area of Police
Station Sirohi, he got an information
through social media post that applicant
Vasik Tyagi s/o Shafik Tyagi, resident of
village
Pawti
Khurd,
Police
Station
Charthawal, District Muzzafar Nagar has
posted/uploaded a post on his Facebook ID
in support of Pakistan, in which it was
mentioned that "Kamran Bhatti Proud of
You. Pakistan Zindabad" and has also put
an Indian National Flag on the ground and
made a dog sit upon it. F.I.R. further
alleges that from the said post, it seems that
the applicant is supporting Pakistan while
9 All. Vikas Tyagi Vs. State of U.P.
1241
living in India. When the whole country is
struggling with the terrorist activities of
Pakistan, the applicant while living in India
is uploading anti-national post against his
own country i.e. India. This post has hurt
the religious sentiments in the area, due to
which feelings of enmity, hatred and
animosity
between
the
castes
and
communities is growing on the basis of
religion etc. due to which, there is a
possibility of breach of peace.

3-During investigation, applicant-Vasik
Tyagi was arrested by the police on 07.06.2025.
Thereafter he moved bail application before the
district Court, which was rejected by the Court
of Additional District and Sessions Judge,
Muzaffar Nagar, vide order dated 21.07.2025.
Thereafter applicant preferred instant bail
application before this Court.

4-Heard Mr. Atul Kumar, learned counsel
for the applicant and Mr. Rabindra Kumar
Singh,
learned
Additional
Government
Advocate for the State of U.P.

5-It is argued by learned counsel for the
accused-applicant that the applicant is innocent
and has not committed the offence as alleged by
the prosecution. It is next submitted that the
applicant has been falsely implicated in this
case. The applicant has neither uploaded, nor
liked any anti-national post or hurt the
sovereignty and integrity of the country. The
applicant is languishing in jail since 07.06.2025,
therefore, he may be released on bail.

6-
Per
contra,
learned
Additional
Government Advocate appearing for the State
refuting the above submissions made on behalf
of the applicant opposed the prayer for bail of
the applicant by contending that :

(i) During investigation, the details
of Facebook ID of the applicant being
https%//www.facebook.com/wasik-tyagi
was
obtained from Meta and as per cyber report,
based upon the details provided by Meta, the
following IP addresses were used in uploading
the said social media posts :-

(a)
2409:40d2:006:80000:0000:0000:0000 Time
Stamp 2025-06-04 18:49:29 UTC,

(b)
2409:40e6:0256:79d8:80000:0000:0000:0000
Time Stamp 2025-05-14 10:22:00 UTC and

(c)
2409:406e:002d:a9e9:8000:0000:0000:0000
Time Stamp 2025-05-16.

The aforesaid IP addresses were
found on the mobile number 8279722726 of the
applicant-Vasik Tyagi s/o Safik Tyagi.

(ii) Facebook ID of applicant was
also found to be registered on his mobile
number 9012228358.

(iii) After great efforts and on the
basis of the information given by the informer,
applicant-Vasik
Tyagi
was
arrested
on
07.06.2025 at 00:20 hours from Pawoti Bus
Stand.

(iv) During investigation, a mobile
phone of Vivo Company (model VE40, Colour
Mint Green, IMEI Nos. 865260071663839 and
865260071663821), which was used in crime
was also taken into custody which was provided
by applicant's father and thereafter same was
sent for forensic examination.

(v)
The
independent
witnesses,
namely, Rampal and Ajeet have also got their
statements
recorded
wherein
they
have
supported the prosecution case, stating interalia that from the act of the applicant,
possibility of animosity among the people on
the basis of religious feelings, etc. cannot be
ruled out.

(vi) It is also pointed out that
applicant is a man of criminal nature and apart
from this case, applicant-Vasik Tyagi has a
criminal history of following two cases :-
1242 INDIAN LAW REPORTS ALLAHABAD SERIES

(a) Case Crime No. 461 of 2020,
under Sections 3/25/27 Arms Act, Police Station
Charthawal, District Muzaffarnagar.

(b) Case Crime No. 454 of 2025,
under Sections 307 and 504 I.P.C., Police
Station Charthawal, District Muzaffarnagar.

(vii) Lastly, it is submitted that
insulting "National Flag" by any Indian citizen
is a matter of serious concerned, hence bail
application of the applicant is liable to be
rejected.

7-Here, it would be apposite to depict the
impugned morphed photograph of Indian
National Flag showing it's insult and another
post uploaded by the applicant through his
above Facebook ID, which is a part of case
diary:-

8-Having heard learned counsel for the
parties and examined the matter in its
entirety, I find that during investigation, it
is established that the said social media
post against India and in support of
Pakistan, has been posted/uploaded by the
applicant through his Facebook account, as
noted above. Learned counsel for the
applicant could not give satisfactory reply
about
posting/uploading
the
aforesaid
posts. The comment made by applicant
while insulting Indian National Flag that
'Ab to kutty b mot rahe h' is a matter of
grave concern. Considering the materials
available on record, it is apparent that the
feelings of the applicant for this country i.e.
India is not patriotic and prima-facie it
appears that he had intentionally posted the
said posts with a view to lower down the
dignity of India. This Court is also of the
view that the said posts uploaded by the
applicant through his Facebook account are
provocative, objectionable and capable of
inciting
communal
disharmony
and
disturbing public peace and order. The said
posts
indicate
inclination
towards
glorification of anti-national ideology,
which cannot be ignored.

9-Here, it is relevant to mention that
the Indian National Flag is symbol of pride
and patriotism. It represents the hope and
aspiration of the people of India. The top
saffron colour indicates the strength and
courage of the country. The white middle
band indicates peace and truth with
Dharma Chakra. The green shows the
fertility, growth and auspiciousness of the
land. Every Indian citizen must safeguard
and protect the National Flag of its dignity
and honour. The Indian National Flag
should not be intentionally allowed to
touch the ground or the floor. It should be
revered and any comment or insult, is a
punishable offence by law. Act of insulting
9 All. Master X Vs. State of U.P. & Ors.
1243
the national honour by burn, mutilates,
defiles, destroys, tramples upon is an
offence. Any person, who is directly or
indirectly involved in maligning the
image of our country (India) and
National
flag
in
any
manner
are
hazardous for the society, hence such
persons
are
not
liable
for
any
sympathetical consideration.

10-As a fall out and consequence of
above discussions as well as considering
the overall facts and circumstances of
the
case,
keeping
in
view
the
submissions advanced on behalf of
parties, nature of the posts allegedly
posted / shared by the applicant on
social media platform as noted above,
gravity of offence and their potential
impact
on
societal
harmony,
role
assigned to applicant and severity of
punishment, I do not find any good
ground to release the applicant on bail.

11-Accordingly, the bail application of
applicant is rejected.
----------
(2025) 9 ILRA 1243
REVISIONAL JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 08.09.2025

BEFORE

THE HON'BLE SAURABH LAVANIA, J.

Criminal Revision No. 922 of 2025

Master X ...Revisionist
Versus
State of U.P. & Ors. ...Opposite Parties

Counsel for the Revisionist:
Manoj Kumar Singh

Counsel for the Opposite Parties:
G.A., Gopal Ji Shukla, Rajesh Kumar Verma
Issue for Consideration
Whether the Appellate Court was justified in
setting aside the order of the Juvenile Justice
Board declaring the accused as a juvenile solely
on the basis of documentary evidence and in
directing ossification test for determination of
age, in view of material discrepancies in school
and birth records, under Section 94 of the
Juvenile
Justice
(Care
and
Protection
of
Children) Act, 2015.

Headnotes
Juvenile Justice (Care and Protection of
Children) Act, 2015 - s.94; s.102 -
Determination of age - Documentary
evidence - Conflicting school records -
Birth certificate - Parivar register -
Ossification test - When permissible -
Appellate interference - Revisional scope-
Appellate Court order upheld- revision
dismissed.

Held:
Section 94(2) of the Juvenile Justice Act, 2015
prescribes a hierarchy of evidence for age
determination. Preference is to be given to
school or matriculation certificates, followed by
birth certificate issued by municipal authority or
panchayat, and only in the absence of reliable
documentary evidence, ossification or medical
age determination test may be directed. [Paras
8-9]

In the present case, the Juvenile Justice Board
relied upon the date of birth recorded as
02.08.2010 in the high school mark-sheet and
parivar register, whereas the school register of
the first attended primary school, proved by the
Principal on oath, recorded the date of birth as
03.07.2006. The existence of such material
inconsistency
in
foundational
documents
rendered the documentary evidence unreliable.
[Paras 7, 9]

Where documentary evidence suffers from
apparent discrepancies and contradictions, the
Appellate
Court
is
justified
in
directing
ossification
test
to
arrive
at
a
correct
determination of age. The Juvenile Justice Board
committed a legal error in declaring juvenility
without resolving such inconsistency through
permissible medical examination. [Paras 5, 9]