The Rajasthan High Court, in an order of Justice Ashok Kumar Jain, recently granted bail to a 19-year-old accused of circulating sexually explicit material and intimidating the complainant on social media. While allowing the bail, the court imposed an unusual condition: he was prohibited from using any social media platforms- whether under his own name or a fictitious identity- for next three years.

Justice Jain observed that, given the petitioner's status as a second-year college student, and the need to protect the complainant’s safety and marital life, bail could be granted only with stringent conditions designed to curb the accused’s "notorious" and "whimsical" behavior and prevent any further harm.

Background:

The case originated from a complaint by a 23-year-old married woman who alleged that the accused had edited and circulated explicit content of her on social media with the intent to damage her reputation and disrupt her married life, also using this material to intimidate and blackmail her.

While the bail plea argued that the accused was no longer required for the investigation, had no prior criminal record, and pledged not to repeat such offenses or use social media platforms, the Court carefully examined the evidence. It was noted that the accused used multiple phones and Instagram IDs to carry out the wrongdoing against the complainant, affecting her reputation.

Nevertheless, taking into account that the office is triable by a first-class magistrate, the ongoing stage of investigation, the accused’s clean record, and his young age, the Court decided to grant bail with the specific condition prohibiting him from accessing or using any social media platforms - in his own name or any alias- for a period of three years.

Consequently, the Court allowed the bail application.

Case Detail: Akash v State of Rajasthan.