Cyber Harassment Bail Condition

Source: Rajasthan High Court 

Why in News? 

Recently, Justice Ashok Kumar Jain granted bail to a 19-year-old accused of circulating sexually explicit material of a woman and intimidating her on social media, imposing a unique condition that he must not use any social media platforms for three years. The Court balanced the seriousness of the offence with the petitioner’s young age and future prospects while ensuring protection for the victim. 

• The Rajasthan High Court held this in the matter of Akash v. State of Rajasthan (2025). 

What was the Background of Akash v. State of Rajasthan (2025) Case? 

• A 23-year-old married woman filed a complaint on 21st February 2025 against Akash, a 19-year-old student, alleging serious cybercrimes and harassment. The complainant stated that the accused had unlawfully edited and published her photographs and videos, creating sexually explicit material without her consent. 
• The victim alleged that Akash had systematically exploited and blackmailed her using this fabricated content. The accused reportedly used multiple mobile phones and created various fake Instagram accounts to carry out these activities. The primary intent behind these actions was to damage the victim's reputation and image in society. 
• The complainant further alleged that the accused had deliberately attempted to create disturbances in her marital relationship by sharing this obscene material. The victim stated that she was intimidated and threatened by the accused through these means. 
• Following the complaint, FIR No. 83/2025 was registered at Police Station Sadar Hindaun, District Karauli, under Section 78(2) of the Bharatiya Nyaya Sanhita (BNS). After investigation, a charge sheet was filed, which also included charges under Sections 67 and 67A of the Information Technology Act. 
• The accused had initially filed a bail application which was dismissed as withdrawn on 11th August 2025, with liberty to file a fresh application after the victim's statement was recorded. This was the second bail application filed by the accused.

What were the Court’s Observations? 

• The Court noted that the material on record clearly demonstrated that the petitioner had employed sophisticated methods to commit the alleged offences. The accused had used different mobile phones and created multiple fictitious Instagram accounts specifically to publish sexually explicit material against the victim. 
• The Court observed that the victim, in her statement recorded as PW3 before the trial court, had clearly articulated how the present petitioner had intimidated her through these digital means. The Court emphasised that the victim was a married female and the petitioner accused had allegedly attempted to disturb her marital ties through these notorious acts. 
• The Court took judicial notice of the fact that the offence for which the petitioner was charged was triable by a Magistrate First Class, and the victim's statement had already been recorded. It was noted that the accused had been in custody since 1st May 2025. 
• The Court observed several mitigating factors in favour of the accused. It noted that the petitioner was only 19 years of age and was a student pursuing his second year of studies. Significantly, there were no criminal antecedents against the petitioner, which weighed in his favour. 
• Considering these circumstances and the future prospects of the young petitioner, the Court expressed its inclination to grant bail subject to stringent conditions. The Court emphasised that such conditions were necessary to ensure that the safety and well-being of the victim, including her marital life, would not be jeopardised due to the notorious and whimsical acts of the present petitioner. 
• The Court made it abundantly clear that if the petitioner indulged in any act that could cause harm to the victim or her family members, the bail order would be recalled immediately. 
• The Court concluded that the applicant-accused was no longer required for investigation purposes and had been in custody for a considerable period. Given that further proceedings would take considerable time, and considering the entirety of facts and circumstances of the case, the Court deemed it appropriate to grant bail to the applicant-accused, albeit with strict conditions to protect the victim's interests. 

What is Bail? 

About:  

• Bail is the conditional release of an accused person before trial, fundamentally rooted in the presumption of innocence. It serves as a crucial mechanism ensuring that individuals are not unjustly detained while awaiting judicial proceedings. The primary objective is to guarantee that the accused does not abscond from justice, tamper with evidence, or influence witnesses during the pendency of the case. 

Legal Provisions: 

• The legal framework for bail in India is now governed by Chapter 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the erstwhile Code of Criminal Procedure (CrPC) 1973. This comprehensive legislation establishes the procedural guidelines and judicial powers concerning bail matters. 
• The Supreme Court in State of Rajasthan v. Balchand (1977) established the fundamental principle that "the basic rule is bail, not jail," emphasising that bail is a right and imprisonment is an exception. This landmark judgment reinforced the constitutional philosophy that liberty is the norm and detention is the exception. 

Types and Powers: 

• Bail provisions are categorised based on the nature of offences. Bailable offences guarantee an automatic right to bail under Section 436 of the former CrPC, while non-bailable offences vest discretionary powers in courts and designated police officers as per Section 437. 
• High Courts and Sessions Courts possess special powers under Section 483 of BNSS to grant, modify, or cancel bail. They can direct the release of any accused person in custody, impose specific conditions, or modify existing bail terms. 
• Anticipatory bail, covered under Section 482 of BNSS, allows individuals who reasonably fear arrest for non-bailable offences to seek pre-arrest protection from High Courts or Sessions Courts. 

Bail Conditions: 

• Courts typically impose several conditions while granting bail. The accused must furnish a personal bond with sureties to ensure appearance during trial proceedings. Standard conditions include prohibitions against tampering with evidence, influencing witnesses, or contacting victims. Courts may also impose specific restrictions relevant to the case circumstances, such as surrendering passports or periodic reporting to police stations. 
• Default or mandatory bail provisions under Section 187 of BNSS ensure that accused persons are granted bail if investigations exceed prescribed time limits, making judicial intervention automatic rather than discretionary.