Rajasthan HC bars accused from social media for a year; grants bail in POCSO case

Jodhpur/New Delhi, May 26 (IANS) The Rajasthan High Court has granted bail to a man accused of sexually harassing and stalking a minor girl, while imposing stringent conditions including a one-year ban on the use of all social media platforms such as Instagram, Facebook and Snapchat.

A single-judge Bench of Justice Ashok Kumar Jain of the Jodhpur Bench passed the order while allowing the bail plea of the accused in a case registered at Mukta Prasad Nagar police station in Bikaner under Sections 78(2) and 79 of the Bharatiya Nyaya Sanhita (BNS) and Sections 11 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.

The Rajasthan High Court directed that the accused “is restrained from using all kinds of social media platforms like Instagram, Facebook, Snap Chat, Thread, Share Chat etc. for a period of one year”.

It further warned that if the accused was found using any social media platform during the one-year period, “either in his name or in any fictitious name using his mobile/E-mail ID or a fictitious E-mail ID then the bail order shall be recalled.”

The order also restrained the accused from contacting the victim or her family members directly or indirectly through any communication medium, including Instagram, Facebook Messenger, Snapchat or WhatsApp.

According to the prosecution, the FIR was lodged on February 22 by the father of the minor victim alleging sexual harassment, stalking and cyber-related offences committed by the accused between February 1 and February 20.

The petitioner was arrested on February 24, and a chargesheet has since been filed under relevant provisions of the BNS and POCSO Act.

During the hearing, counsel for the accused submitted that the allegations were false and contended that except for oral allegations, no material had been produced by the complainant to substantiate the accusations mentioned in the FIR.

It was also argued that the investigation was complete, the accused was no longer required for custodial interrogation and there was no likelihood of him absconding.

It was further submitted that the accused had remained in custody for a considerable period and that trial in the matter was likely to take time.

Opposing the plea, the complainant’s counsel and the Public Prosecutor argued that the accused had been harassing the victim with sexual intent, making it difficult for her to live in a normal atmosphere and psychologically endangering her life.

After hearing the parties, the Rajasthan High Court observed that “having considered the nature of allegation it is appropriate to put certain conditions upon the petitioner, so as to ensure safety and well-being of the victim.”

The order recorded that the accused had remained in custody for a considerable period and that the trial was likely to take further time to conclude.

Granting bail, Justice Jain directed the accused to furnish a personal bond of Rs 50,000 along with two sureties of the like amount to the satisfaction of the trial court.

Apart from the social media restriction, the order also imposed conditions that the accused shall not tamper with evidence, influence witnesses, indulge in criminal activity or repeat any offence punishable under law.

The Rajasthan High Court further directed him to remain present before the trial court on the dates fixed for hearing and clarified that any violation of the bail conditions would render the bail liable to be cancelled.

–IANS

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