The Delhi High Court has granted anticipatory bail to actor and Bigg Boss fame Ajaz Khan in a case registered by the Delhi Police’s Cyber Cell over an alleged objectionable post on social media against a YouTuber and his family.
The FIR was filed by a woman and her son — a YouTuber — alleging that Khan’s post targeted them.
Court Upholds Limits Of Free Speech
While granting bail, Justice Ravinder Dudeja underscored the constitutional boundaries of free expression.
“The freedom of ‘speech’ and ‘expression’ granted by the Constitution under Article 19 must be exercised within the bounds of the reasonable restrictions it places. When the speech crosses the line into insult, humiliation or incitement, it collides with the right to dignity,” the court observed.
The bench granted Khan anticipatory bail on furnishing a personal bond of ₹30,000 and one surety of the same amount in case of arrest.
Conditions Imposed On Bail
Justice Dudeja noted that the digital devices relevant to the case were already in the custody of the Bombay Police and that Khan had assured full cooperation in the investigation, including providing his voice sample for forensic analysis.
“Accordingly, in the event of arrest, petitioner shall be released on furnishing a personal bond of Rs. 30,000 with one surety of the like amount to the satisfaction of the Arresting Officer or Investigating Officer or SHO,” the order stated.
The court also directed Khan to surrender his passport and barred him from leaving the country without the trial court’s permission. He has been instructed to cooperate with the investigating agency whenever called.
‘Use Social Media With Caution,’ Says HC
While disposing of the petition, Justice Dudeja cautioned social media influencers to be responsible while posting online.
“The internet has made knowledge easily accessible by intensifying its circulation. With this, however, it has also brought a large audience of every age group… Every content on the internet must be uploaded with great caution, especially when the uploader has a large audience and exercises influence in society,” the court observed.
Highlighting that both Khan and the complainant’s son are social media influencers with massive followings, the court noted that “even if the content is deleted after posting, it may still reach a large audience and spark debates, ultimately affecting the victim.”
“One should cautiously use social media before posting any content, as it might adversely affect not only the particular individual but their respective fans also,” the judge added.
Case Background
Khan’s anticipatory bail plea, filed through advocates Khalid Akhtar and Mohd. Shadan had earlier been rejected by the trial court on August 5.
The case stems from a video reposted by Khan on Instagram titled “A Day with Najayaz Khan”, originally uploaded by the complainant’s son, who has over 16 million followers on YouTube. The video allegedly contained “derogatory remarks, obscene gestures, and false imputations” about Khan.
The actor’s plea stated that he neither created nor endorsed the original video and had deleted his repost promptly after realizing its content.
The police had called Khan several times for questioning, but he reportedly missed the initial summons, claiming he was unaware of them.
Later, he sought time to appear via email and has since joined the investigation following a Bombay High Court order in another related case.
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