In Kausal Singh Masram v State of Madhya Pradesh (MCRC 34696 of 2020) the Madhya Pradesh High Court on November 3 denied pre-arrest bail to the accused for posting a vulgar photograph of Rashtriya Swayamsevak Sangh (RSS) Chief, Dr. Mohan Bhagwat and tagging 28 people in the said post.
Sanjay Jharia appeared for the applicant and Vikram Johri represented the respondent State. Shantanu Ayachi appeared as counsel for the objector/complainant.
The Single Bench of Justice B. K. Shrivastava said, “Looking to the aforesaid act of the accused, in view of this Court, he is not entitled to get the anticipatory bail.”
The accused/applicant had filed a plea under section 438 of the Code of Criminal Procedure who was under the apprehension of arrest in a crime registered at Police Station Umariya for offences punishable under Sections 292 of Indian Penal Code (Obscenity) and 67 of the Information Technology Act (penalising person for transmitting obscene material).
The applicant submitted that he himself lodged the complaint to the police regarding misuse of his I.D. But the court noted that the complaint was lodged during the pendency of his anticipatory bail application and after two months from the registration of crime.
The court said, “It cannot be believed that the applicant was not having any knowledge because it is pointed out by the State as well as learned counsel for the objector that 35 persons like the post and 9 persons commented upon the post. Therefore, it may be presumed that the applicant is having the knowledge that his post has been seen by several persons.”
Given these circumstances, the court dismissed his application.
The order may be read here:
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Where does the law stand on your “objectionable” posts on social media?