PRAYAGRAJ, July 12 -- The Allahabad high court has 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 (act endangering sovereignty or unity and integrity of India) of the Bharatiya Nyaya Sanhita (BNS). Allowing the bail application of one Riyaz, justice Arun Kumar Singh Deshwal on Thursday observed, "Considering the submissions of learned counsel for the parties and perusal of record, it is not in dispute that while posting the aforesaid post through Instagram ID, the applicant has not mentioned anything which shows disrespect towards our country. Merely showing support to Pakistan without referring to any incident or mentioning the name of India, will not prima facie attract the offence under Section 152 BNS." As per the FIR, the applicant 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)." The applicant is an 18-year-old youth from Sambhal. He has been in jail since May 9, 2025. The applicant's counsel submitted that the social media post by the applicant did not lower the dignity and sovereignty of the country, as neither the Indian flag nor its name or any photo was posted which showed any disrespect to the country. "Merely supporting a country, even if the country is an enemy to the country of India, will not attract the ingredients of Section 152 BNS," the applicant's counsel added. The state government counsel opposed the bail application and submitted that such a post of the applicant through the Instagram ID encourages separatism and therefore, the applicant is not entitled to be released on bail. The court said, "Section 152 BNS is a new Section providing stringent punishment and there was no corresponding section in IPC, therefore, before invoking the Section 152 BNS, reasonable care and standards of reasonable person should be adopted as spoken words or posts on social media is also covered by the liberty of freedom of speech and expression, which should not be narrowly construed unless it is of such nature which affect the sovereignty and integrity of a country or encourages separatism." The court, while allowing the bail application, observed, "For attracting the ingredients of Section 152 BNS, there must be purpose by spoken or written words, signs, visible representations, the electronic communication to promote secession, armed rebellion, subversive activities or encourages feeling of separating activities or endangers the sovereignty, unity and integrity of India. Therefore merely posting a message to simply show support of any country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS which is punishable up to seven years but definitively will not attract the ingredients of Section 152 BNS." As per section 152 BNS, whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine....