[Clubhouse App case] Accused Akash Suyal granted bail by Mumbai court

A Mumbai court on Thursday granted bail to Akash Suyal, one of the accused in a case filed by the Mumbai Police for posting insulting statements about women on the Clubhouse smartphone app [Akash Rakeshkumar Suyal vs The State of Maharashtra & Ors.]..Metropolitan Magistrate KC Rajput at Bandra, Mumbai pronounced the verdict today in the bail application filed under Section 437 of the Code of Criminal Procedure after completion of investigation against Suyal..Suyal, along with two other accused, Jaishnav Kakkar and Yashkumar Parashar, all Haryana residents, were arrested by the Mumbai Police on the basis of a complaint filed by two women who claimed they were defamed after their photographs were discussed by multiple people in the Clubhouse mobile application chatroom..He was booked by the Mumbai Police after they registered an FIR on January 19, 2022 for offences under Sections 153A (promoting enmity between different groups), 295A (malicious acts outraging religious feelings), 354D (stalking), 509 (insulting modesty of woman), and 500 (defamation) of the Indian Penal Code as well as Section 67 (publishing/transmitting obscene material in electronic form) of the Information Technology Act.The complainants found their images were published on the app and derogatory and objectionable remarks made about them..Suyal was arrested on January 20, 2022 from Haryana. After a transit remand of 2 days, he was produced before the Metropolitan Magistrate Court at Bandra. After 8 days of police custody, Suyal was remanded to judicial custody. His regular bail application was rejected by the Magistrate and thereafter before the Sessions Court as well. Suyal also approached the High Court with a regular bail application. However, during the pendency of that application, Mumbai Police filed their primary chargesheet which included Suyal's name.In view of this, Suyal withdrew the application before the High Court and approached the Metropolitan Magistrate's court with bail application under Section 437 of the Code of Criminal Procedure. .In the bail plea filed through Advocate Akshay Bafna, Suyal prayed for parity with the co-accused, who had been granted bail by the same court in February 2022.Suyal submitted that one of the main reasons for consideration of their bail was their tender age.He pleaded that it was shocking to note that despite being the youngest accused whose role was also allegedly similar to the co-accused, he was not granted bail.Suyal stated that apart from the fact that investigation against him had been completed, he pointed out that any further custody will only destroy his future and bring no benefit to the society. .A detailed order is awaited.