The Rajasthan High Court has barred a 20-year-old man accused of online stalking and child sexual harassment from using social media for one year while granting him bail. The order was passed by Justice Ashok Kumar Jain while hearing the bail plea of the accused, who was arrested by Bikaner Police in February this year under provisions of the Bharatiya Nyaya Sanhita dealing with online stalking and insulting the modesty of a woman, along with sections of the Protection of Children from Sexual Offences (POCSO) Act, as per a report by Bar and Bench.
Background of the Case
The accused was booked after a complaint was lodged by the father of a minor victim alleging sexual harassment and online stalking. During the hearing, counsel for the accused argued that he had been falsely implicated and that the allegations were primarily based on oral statements. However, the court noted that the accused had already spent considerable time in custody and that the trial was likely to take time to conclude.
Court's Directions
According to the court order, the accused has been restrained from using platforms such as Instagram, Facebook, Snapchat, Thread, and ShareChat for a period of one year. The court further warned that if he is found using social media through his own account or even a fake identity, his bail would be cancelled.
The court stated: "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."
Additionally, the high court directed that the accused must not contact the victim or her family either directly or indirectly. The order specifically prohibited him from sending messages through platforms including WhatsApp, Facebook Messenger, and Snapchat. The court added: "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."
Significance of the Order
The order comes at a time when courts across India are increasingly dealing with cases involving cyber stalking, online intimidation, and digital harassment. This decision highlights the judiciary's proactive approach in using bail conditions to prevent further misuse of technology by accused individuals. The Rajasthan High Court's ruling sets a precedent for imposing strict restrictions on social media usage in cases of online harassment, especially those involving minors.
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