Dont use social media: Rajasthan High Court's bail condition for man accused of online stalking

The Rajasthan High Court recently asked a 20-year-old man, who is accused of child sexual harassment and online stalking, not to use social media for one year [Rukmandas Sharma @ Aditya Sharma v State of Rajasthan].

Justice Ashok Kumar Jain passed the direction while granting bail to the accused who was in custody since February 24.

The Court warned that his bail can be cancelled if he uses social media even under any fictitious name.

“The petitioner is restrained from using all kind of social media platform like Instagram, Facebook, Snap Chat, Thread, Share Chat etc. for a period of one year  and in case it is found that he is using any of the social media platform during said period of one year 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 Bench said in one of the bail conditions.

The accused was booked and arrested by Bikaner police in February this year under Sections 78(2) (online stalking) and 79 (word, gesture or act intended to insult the modesty of a woman) of Bharatiya Nyaya Sanhita (BNS) and Section 11/12 of Protection of Children from Sexual Offences (POCSO) Act.

Seeking bail in the case, counsel representing the accused argued that he was falsely implicated in the case. It was submitted that the case was registered on basis of a complaint lodged by the father of a minor victim about sexual harassment, but except oral statements, no material was submitted to substantiate the charge.

Considering the material on record and nature of allegations, the Court said the accused has remained in custody for a considerable period of time and that the trial was likely to take further time to conclude. Thus, the Court deemed it appropriate to grant bail to the accused.

However, it also said that certain conditions were necessary to ensure the safety and well-being of the victim. The Court went on to bar the accused from using social media or contacting the victim or her family. 

“The petitioner shall not contact directly or indirectly with victim or family of victim and he will not forward or send any message on any of the communication medium may it Instagram or Facebook messenger or Snap Chat, Whatsapp etc,” the Court ordered. 

Advocate Mukul Krishna Vyas represented the accused. 

Public Prosecutor Lalit Kishor Sen with Advocates Nishank Madhan and Reema Gupta appeared for respondents.

[Read Order]