The Rajasthan High Court has recently set a precedent by imposing a unique bail condition on a 20-year-old man accused of online stalking and child sexual harassment. The accused, arrested by Bikaner police in February under Sections 78(2) (online stalking) and 79 (gestures or acts intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS), as well as Sections 11/12 of the Protection of Children from Sexual Offences (POCSO) Act, has been ordered to refrain from using social media for a year.
Judicial Directive Against Social Media Usage
Justice Ashok Kumar Jain, presiding over the case of Rukmandas Sharma @ Aditya Sharma v State of Rajasthan, granted bail to the accused, who had been in custody since February 24th. As a condition of his release, the Court prohibited him from engaging with any social media platforms such as Instagram, Facebook, Snapchat, and others for a duration of one year. The Court explicitly stated that any violation of this condition, whether under his name or a fictitious identity, would result in the revocation of his bail.
Case Background and Legal Arguments
The legal proceedings began following a complaint lodged by the father of a minor, alleging sexual harassment. Despite the lack of substantial material evidence beyond oral testimony, the case was pursued, leading to the man’s arrest. During the bail hearing, Advocate Mukul Krishna Vyas, representing the accused, contended that his client was falsely implicated and highlighted the absence of concrete evidence supporting the charges.
Court’s Rationale for Bail
In considering the bail application, Justice Jain noted that the accused had been in detention for a considerable period, and the judicial process was expected to extend further. The Court determined that granting bail was appropriate but necessitated specific restrictions to ensure the victim’s safety. In addition to the social media ban, the Court prohibited the accused from contacting the victim or her family through any means.
The prosecution was led by Public Prosecutor Lalit Kishor Sen, with Advocates Nishank Madhan and Reema Gupta representing the respondents. This case highlights the judiciary’s evolving approach to balancing the rights of the accused with the protection of victims, particularly in cases involving digital communications.
For more details, you can access the full court order [Read Order].
