GURU DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 50 of 2019, dated 24.03.2019, under Section 67 IT Act and Section 509 IPC, registered in Police Station Ghumarwin, District Bilaspur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 24.03.2019 police received a complaint made by the prosecutrix (name withheld), wherein she stated that on 23.03.2019, at about 11:30 p.m., the petitioner made indecent and inappropriate comments concerning the prosecutrix on facebook. As per the prosecutrix, the petitioner made humiliating comments on facebook qua the prosecutrix and thus caused insult to the modesty of the prosecutrix. On the basis of the complaint, so made by the prosecutrix, police registered a case and investigation ensued. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. and it was unearthed that facebook account of the petitioner was being operated from Dubai. Police recorded the statements of the witnesses, who read the lewd and insulting comments of the petitioner. On 10.05.2019 the petitioner joined the investigation and as per him when he was in Dubai his facebook ID was made by his friend, password whereof is not known to him. When he returned India his SIM and mobile phone had been taken back by the company where he used to work. As per the petitioner, there is a dispute qua the path with the family of the prosecutrix and a case has been registered. He further divulged that when he came to know that his father has been beaten up, he made such comments on facebook. Lastly, the prosecution has prayed that the petitioner if enlarged on bail, may tamper with the prosecution evidence and may also flee from justice, so the application may be dismissed.