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Github app case: Accused gets bail, court notes his age, ‘overall well being’

A Delhi court Monday granted bail to Aumkareshwar Thakur (25), who is accused of creating an app on GitHub where photos of Muslim women were posted alongside objectionable comments insinuating they were up for auction.

By: Express News Service | New Delhi |
Updated: March 29, 2022 7:53:14 am
Github app case: Accused gets bail, court notes his age, ‘overall well being’Chief Metropolitan Magistrate Dr Pankaj Sharma granted bail to Thakur, who has been in judicial custody since January 9, 2022, noting that he was a first-time offender and that “prolonged incarceration would be detrimental to his overall well-being” since he was a young person. (Representational)

A Delhi court Monday granted bail to Aumkareshwar Thakur (25), who is accused of creating an app on GitHub where photos of Muslim women were posted alongside objectionable comments insinuating they were up for auction.

Chief Metropolitan Magistrate Dr Pankaj Sharma granted bail to Thakur, who has been in judicial custody since January 9, 2022, noting that he was a first-time offender and that “prolonged incarceration would be detrimental to his overall well-being” since he was a young person.

Thakur, a BCA graduate, was granted bail on furnishing personal bond/surety of Rs 50,000 subject to conditions that he not contact the victim or tamper with evidence, and share his location with the investigating officer.

The prosecution had opposed his bail arguing that the investigation was still underway as replies from different intermediaries were awaited.

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The court had noted that investigation has been completed as the chargesheet has already been filed. It noted that merely because different replies from different intermediaries and the FSL result was awaited is not a “sufficient reason to deny bail to the accused”. The court said he was not in a position to influence the FSL result or replies.

Thakur’s lawyers Sahil Bhalaik and Tushar Giri had told the court that he was “a child prodigy in the field of coding”, and at “such a tender age, the applicant gained goodwill and recognition in the highly dynamic and competitive field of coding”.

They had argued that he has wilfully cooperated with the police investigation and as such has handed over his bank account details, passwords to electronic devices and accounts to them. “That considering the nature of offence as disclosed in the FIR, the offence appears to be internet related. Resultantly, the evidence would be digital in nature and considering the seizure of electronic gadgets of the applicant, there is no possibility of tampering with the evidence which has been gathered and is in custody of the Delhi Police,” Thakur’s lawyers argued.

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