The Rajasthan High Court recently granted bail to a 19-year-old college student accused of circulating sexually explicit material of a married woman and intimidating her on social media. While noting the seriousness of the allegations, the Court balanced the need for victim protection with the youth’s prospects of reform. In its order, the Court imposed an uncommon bail condition: the accused is barred from using any social media platform — under his name or any fictitious name — for a period of three years.
The youth, a second-year student with no prior criminal record, was alleged to have used multiple mobile phones and fake Instagram accounts to publish the material against the complainant with the intent to harm her reputation and disrupt her marital life. The victim’s statement and other materials indicated a pattern of harassment through digital means, which the Court termed “notorious and whimsical”. Despite these factors, the Court took into account that the offence was triable by a First Class Magistrate and that the investigation was at a stage where further custodial interrogation was not required.
In granting bail, the Court emphasised three key mitigation factors: the petitioner’s young age, absence of prior antecedents, and the fact that the victim’s statement had already been recorded. While affirming the gravity of the offence, the Court underscored that pre-trial detention should not be punitive and that bail must remain the rule rather than the exception. To safeguard the complainant’s dignity and prevent further harm, the Court imposed the digital ban alongside standard bail conditions — including a prohibition on contacting the victim or her family, whether directly or indirectly. The Court clarified that any violation of the specified social media and contact conditions would be liable to cancellation of bail.
This decision reflects a novel approach in the realm of cyber-crime bail jurisprudence, where courts tailor conditions to the mode of the alleged offence. By focusing on the digital domain of the misconduct, the Court aimed to preempt further online injury to the victim while allowing the accused to pursue his education and rehabilitate. It demonstrates judicial recognition that offences involving misuse of social media may necessitate bail conditions beyond traditional restraints like travel bans or surrender of passport.
With this order, the Rajasthan High Court signals that while liberty remains the default, in cases involving technology-enabled harm, courts may impose non-traditional but proportionate restrictions geared to the nature of the offence and the need for victim protection.
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