Allahabad HC Stays Arrest Of Man Who Posted Morphed Photo Of Akhilesh Yadav With Espionage Accused

The Allahabad High Court’s Lucknow bench has granted interim protection from arrest to a man facing prosecution for circulating a digitally altered photograph of former Uttar Pradesh Chief Minister Akhilesh Yadav on social media.

On September 18, 2025, a division bench comprising Justices Rajnish Kumar and Rajeev Singh restrained the state police from taking coercive steps against the petitioner, Arun Kumar, also known as Arun Yadav or Arun

Kasli. Kumar had moved the court seeking quashing of the first information report (FIR) registered against him earlier this year in Lucknow.

The FIR, lodged at Gomti Nagar police station in August 2025, invoked multiple provisions of law, including Sections 147, 196, 197 and 353 of the Bharatiya Nagarik Suraksha

Sanhita (BNSS), Section 67 of the Information Technology Act, and Section 7 of the Criminal Law Amendment Act. The complaint alleged that Kumar shared an objectionable image portraying the Samajwadi Party chief in the company of Jyoti Malhotra, a woman recently arrested for alleged links with Pakistani officials.

According to the petition, the sequence of events dates back to May 20, when one Dr Ajay Alok uploaded the photograph on X. The picture also featured Abhishek Mishra. Kumar reposted the image on his account with a critical caption, accusing Yadav of anti-national associations. He later removed the post after realising that the image was morphed.

Despite the deletion, a complaint was submitted to the police on May 31 and again to the police commissioner on June 17. Initially, the authorities did not register an FIR, taking the view that the allegations disclosed no cognisable offence. The complainant then moved an application before a magistrate under Section 173(4) BNSS. On July 10, the magistrate directed the police to register the FIR, which was subsequently done.

In court, Kumar’s counsel argued that the case was politically driven and devoid of legal merit. The lawyer maintained that merely reposting an image, especially one later withdrawn, could not attract charges as serious as those relating to waging war or promoting enmity. He further pointed out that there was no evidence of unrest or public disorder arising from the post.

The State, represented by the Additional Government Advocate, defended the FIR as a lawful step following judicial directions. The AGA informed the bench that an investigation was ongoing to ascertain the facts and collect digital evidence.

After hearing both sides, the bench observed that the matter merited further consideration. Notices were issued to the respondents, and the State was granted four weeks to file its counter-affidavit. Kumar has been allowed two weeks thereafter to submit his rejoinder. The case will be listed for hearing after completion of pleadings.

Significantly, the court restrained the police from arresting Kumar in the meantime. The judges made it clear that he cannot be taken into custody until the next hearing unless fresh incriminating material comes to light. The order also requires Kumar to cooperate fully with the investigating authorities.