RAMESH SINGH BISHT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is an accused in FIR No. 164/2021, registered on 10/8/2021, at Police Station, Boileauganj, District Shimla, under Ss. 354D, 509 and 506 of Indian penal Code and Sec. 66(C) of the Information Technology Act.

(2.) Instant petition has been preferred seeking bail under Sec. 438 of Code of Criminal Procedure. Ad-interim bail was granted to the petitioner on 24/5/2022.

(3.) The prosecution case is that on 10/8/2021, a complaint was received at the police station from the prosecutrix, gist of which was that some unknown person has uploaded her photograph on the Facebook and has used objectionable words and obnoxious comments to defame her. The complainant further stated that for defaming her, I.Ds. of 'Nikhil Thakur ' and 'Gurjit Sandhu ' had been used. On the basis of the detailed complaint lodged by the prosecutrix, FIR was registered on 10/8/2021 and investigations were carried out. The investigations revealed that it was the bail petitioner who had used fake Facebook I.Ds. of Nikhil Thakur and Gurjit Sandhu to harass the complainant. The investigations also revealed that the complainant was acquainted with the petitioner and that both of them used to exchange calls. Later on, the complainant started avoiding the petitioner, whereafter the petitioner statedly used objectionable and obnoxious comments on the uploaded photograph of the complainant.