Spread info defaming women: court while rejecting bail to three

While the three claimed that the only allegation against them was being followers or subscribers of the app, the court said that even that presumption at this stage does not show their innocence.

“…if we peruse the record of investigation, prima facie involvement of the accused is noticed. The disputed fact is only in respect of the exact role played by them, their involvement is not in serious dispute…The record shows their active involvement in the propagating and disseminating of the information/data relating to women,” metropolitan magistrate Komalsing Rajput said.

Jha and Rawat, through their lawyers Shivam Deshmukh and Sandeep Sherkhane respectively, had said in their pleas that they are innocent, come from respectable families and have no criminal antecedents. It was submitted that the only allegation against them is that they were followers/subscribers of the app. They are students with excellent academic records and if they remain in jail, their career and future prospects would be affected, it was argued.

Singh’s lawyer submitted that she is a 19-year-old Dalit girl, an orphan and is suffering from financial constraints. All three submitted that all the hardware and relevant data has been seized by investigators, hence their further custody is not required. The court said that the accused are students with the fundamental right to life and liberty, but the rights are subject to restrictions. It said their arrest was not in violation of law but for collection of evidence relating to a non-bailable offence. “They are found to have committed serious acts defaming womanhood,” the court said.

Opposing their plea, the Mumbai police said that the investigation is still going on, including the financial aspects of the creation of the apps. The content was uploaded to create enmity, it said. “The accused are residents of other states. They have sufficient knowledge of computer and technical aspects relating to social media platforms. If they never turn up either for further investigation or trial, it will cause prejudice to the investigation agency and victims,” the court said.

Meanwhile, an appeal has been filed before the sessions court on behalf of Jha against the rejection of bail order, saying he had surrendered and handed over his laptop, phone and two SIM cards. It says the allegation against him is only of being a follower and the maximum punishment is three years so prejudicial sentences can be avoided. Jha’s lawyer also told the court that an anticipatory bail plea is filed before the Delhi court in connection with a similar case filed over another similar app.