KAPIL DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by petitioner - Kapil Dev, aged about 35 years, an accused in FIR No.0200 dated 2.5.2020 for the offences under Sections 504, 506, 509 IPC and Section 67 of Information Technology Act, 2000, registered with Police Station Ambala Cantt., District Ambala.

(3.) The criminal machinery in this case was set into motion by complainant Ms.Niharika Bhardwaj, a retired Military Officer of the rank of Major, who in the written complaint submitted by her to the police submitted that petitioner/accused Kapil Dev, Admin, of You-Tube Channel, Saabka Sainik Sangharsh Committee had uploaded a false and doctored video on 15.4.2020 at 7:00 p.m. with an intention to malign her name and reputation; that during the screening of the video, the petitioner/accused had used mobile No.98129-11057. As alleged in the complaint, the petitioner/accused Kapil Dev referred to as 'orator', is a notorious person and through his doctored hate speeches against the Units of Indian Army, attempted to create discontentment and rift. Furthermore, he has been accessing official documents and restricted videos of activities of Army Establishments, which is an act of serious breach of security affecting the national interests. Due to his involvement in such activities, his Twitter account was suspended. In the written complaint, several instances have been mentioned to show that the petitioner/accused had attempted to put complainant to disrepute and passed insulting and uncalled for comments. According to the complainant, such video caused acute mental trauma and harassment to her and immediately after it was uploaded, the complainant received phone calls from her father, father-in-law, her brother and other close relatives, who inquired about the allegations and thereafter expressed their concern about her safety. She sought taking of action against the petitioner/accused.