Allahabad High Court Denies Bail To Man Accused Of Insulting National Flag On FB By Making A Dog Sit Upon It

A bench of Justice Sanjay Kumar Singh observed that such posts were 'provocative', 'objectionable' and 'capable of inciting communal disharmony', and that persons maligning the national flag are 'not liable for any sympathetic consideration'.

Briefly put, an FIR was lodged on May 16, 2025, alleging that the accused (Vasik Tyagi) posted certain content on his Facebook ID glorifying Pakistan and insulting the Indian National Flag.

According to the FIR, the applicant wrote "Kamran Bhatti Proud of You. Pakistan Zindabad" in one post and in another post, he uploaded a morphed photograph of the Indian National Flag showing it placed on a dog sitting upon it in another post.

The FIR alleged that the post hurt religious sentiments and created possibilities of enmity and animosity among communities.

During the investigation, police traced the posts to Tyagi's Facebook account registered on his mobile number. Meta's cyber report also confirmed that the IP addresses linked to the posts were used on Tyagi's mobile numbers.

Pursuant to this, the accused was arrested on June 7, 2025. His mobile phone was seized for forensic examination. Independent witnesses also gave statements supporting the prosecution's case, stating that the applicant's act was capable of inciting religious discord.

Against the backdrop of these submissions, stressing the sanctity of the national flag, the High Court stated thus:

"The Indian National Flag is symbol of pride and patriotism. It represents the hope and aspiration of the people of India…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".

The Court noted that the applicant could not give a satisfactory reply about posting/uploading the aforesaid posts.

Furthermore, the single judge was of the opinion that the applicant's comment, 'Ab to kutty b mot rahe h', while insulting the Indian National Flag, was a "matter of grave concern".

Therefore, considering the materials available on record, it is also said that the applicant's feelings for this country, India, are not patriotic. It added that prima facie, it appeared that he had intentionally posted the said posts to lower the dignity of India.

The single judge noted that Tyagi's posts "indicate inclination towards glorification of anti-national ideology" and were "capable of disturbing public peace and order".

Thus, the Court concluded that, given the gravity of the allegations, the nature of the offence and its potential impact on societal harmony, no ground existed to enlarge the applicant on bail.

Accordingly, the bail application was rejected.

Case title - Vasik Tyagi vs. State of U.P. Through It Principal Secretary (Home) 2025 LiveLaw (AB) 336

Case Citation : 2025 LiveLaw (AB) 336

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