A Delhi court granted bail to a man accused of posting an AI-morphed image of PM Narendra Modi bowing to Shah Rukh Khan. The court noted electronic evidence, no criminal record, and low risk of absconding while granting relief.
A Delhi court has recently granted regular bail to Mujahid Jamal Shaikh, a 34-year-old man who was accused of posting an AI-morphed image of Prime Minister Narendra Modi bowing to Bollywood actor Shah Rukh Khan on social media platform X.
The case raised important legal questions regarding AI-generated content, online posts, and criminal liability under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.
The bail was granted by Additional Sessions Judge (ASJ) Saurabh Pratap Singh Laler of the Patiala House Courts. While granting bail, the Court observed that the accused has strong roots in society and does not have any previous criminal record. The Court also noted that there was no risk that he would run away or try to interfere with the evidence in any manner.
The Court further observed that most of the evidence in the case is electronic in nature. The accused had cooperated with the investigation and his mobile phone had already been seized by the police. The social media account involved in the case had also already been deactivated earlier at the request of the investigating officer, which reduced the possibility of further misuse.
The Special Cell of the Delhi Police had registered a case against Shaikh under Sections 336(4) (forgery), 356(2) (criminal defamation), and 353(2) (promoting hatred) of the Bharatiya Nyaya Sanhita, along with Section 66 of the Information Technology Act, 2000.
According to the police, Shaikh had reposted an AI-generated image on February 1, 2026, which allegedly showed Prime Minister Narendra Modi in a derogatory manner along with actor Shah Rukh Khan. The prosecution argued that such a post had the potential to promote disharmony between groups and therefore criminal provisions were applied.
However, the lawyer representing Shaikh argued before the Court that the post did not promote hatred or disharmony between any communities or groups and that the police had wrongly applied the criminal sections in this case. The defence also highlighted that Shaikh had cooperated fully with the investigation and there was no reason to keep him in custody.
After hearing both sides and examining the material on record, the Court decided to grant bail to Shaikh. The Court also examined certain procedural issues in the case, especially a disputed document related to the “grounds of arrest.”
The Court found it necessary to look into the authenticity of this document and therefore directed the Deputy Commissioner of Police, Special Cell, to conduct a preliminary inquiry into the matter.
The Court further stated,
“If necessary, opinion of a handwriting expert may be obtained,”
indicating that the Court wants proper verification of the disputed document to ensure that proper legal procedure was followed during the arrest process.
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Advocates Aamir Raza Khan, Sazid SR Shah and Amit Singh appeared for the applicant Mujahid Jamal Shaikh, while Additional Public Prosecutor Mukul Kumar appeared on behalf of the Delhi Police.
This case is significant because it deals with the growing issue of AI-generated content and its legal consequences under criminal law and cyber law in India. The case also highlights that courts may grant bail where the evidence is electronic, the accused has cooperated with the investigation, and there is no risk of absconding or tampering with evidence.
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