(1.) The Applicant is seeking anticipatory bail in connection with C.R.No. 25 of 2020 registered with Malad Police Station on 18th January, 2020 under sections 379 , 501 of IPC and under sections 43 (A) and 66 (c) of The Information Technology Act .
(2.) Heard Mr. Rishi Bhuta, learned counsel for the Applicant, Mr. S.R. Agarkar, learned APP for the State and Ms. Khevana Dagli, learned counsel for the Intervenor/First Informant.
(3.) The FIR is lodged on 18th January, 2020 by one Parag Binani. He has stated in the FIR that he has an account on Facebook since 2010. In January, 2019, he had sold a luxury car to a film heroine and her husband. At that time, a photograph was clicked with the First Informant and these two together. The said photograph was kept as status on 'Whatsapp'. On 2 nd May, 2019, the Informant's wife pointed out to the Informant that on his Facebook account, same photograph was posted with an offensive obscene sentence. The Informant tried to open his Facebook account by entering his user ID and password. However, he could not do so as his password was changed. He realized that somebody had hacked his Facebook account.