The Delhi High Court has granted actor Ajaz Khan anticipatory bail in a case accusing him of posting explicit and abusive remarks about YouTuber Harsh Beniwal’s mother and sister. The Court remarked that his arrest was unnecessary, especially when his phone — the device used to record the video — was already in police custody.
Justice Ravinder Dudeja, while granting relief, emphasized that arrest should never be a mechanical step. “There is no material to suggest that the petitioner is a flight risk. Custodial interrogation is not warranted. The principle of ‘bail, not jail’ must prevail,” the Court stated, noting that the alleged offences carry a maximum punishment of three years.
Khan was directed to furnish a personal bond of ₹30,000 with a surety, cooperate with investigators, provide his voice samples, surrender his passport, and avoid travelling abroad without permission.
But the Court didn’t stop there—it used the opportunity to caution digital creators. Justice Dudeja observed that the internet’s reach makes every post porous and powerful, demanding restraint and accountability from those with large audiences.
“Freedom of speech under Article 19 is not unfettered. When speech turns into insult, humiliation, or incitement, it collides with another’s right to dignity,” the Court noted.
The case stems from a video Khan uploaded in response to a parody titled ‘A Day With Najayaz Bhai’, released by Beniwal. The parody, accompanied by a disclaimer calling it fictional, allegedly provoked Khan’s reaction video—one filled with offensive language directed at Beniwal’s family.
Khan’s legal team argued that his post was a retaliatory outburst against what he saw as defamatory content portraying him as a “drug peddler” and “molester.” The State, however, countered that the actor had misused his social media reach to engage in gender-based online abuse.
After weighing both sides, the High Court granted Khan pre-arrest bail—underscoring both the value of liberty and the responsibility that comes with a voice heard by millions.
