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Court rejects anticipatory bail of Gujarat resident for obscene content post on social media

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(G.N.S) Dt. 30

Srinagar/Jammu

As per an Exclusive talk of GNS news with Tahir Ashraf- SSP, Cyber Police Kashmir Zone, a local court of Jammu & Kashmir has rejected anticipatory bail application of a person accused of posting obscene content on social media.

The accused Mihir Thakor Patel of Vadodara Gujarat transmitted obscene contents to complainant living in Srinagar on Instagram account.

A local court here Friday rejected anticipatory bail application of a person accused of posting obscene content on social media.
After hearing prosecution and defence counsel, the Court of Fourth Additional District and Sessions Judge, Haq Nawaz Zargar, said that prima facie accused in his messages has sent obscene and vulgar pictures to the complainant.

The court added “accused is not entitled to relief of pre-arrest bail after carefully evaluating the nature of allegations, consequences and the need for maintaining the social fabric, dignity, modesty of a women and use of social platform on digital mode.” “The likelihood of accused fleeing from the justice and repeating the offence, possibility of tampering with the electronic evidence and causing obstruction in the course of justice, this court is of the view that the petitioner (accused) is not entitled to relief of pre-arrest bail,” the court said.

Court observed that allegations against the accused are grave and serious.

“Status report filed by the police clearly reflects that investigation is still in process and the petitioner (accused) is evading to appear before the investigating officer and not cooperating with the police agency despite getting interim anticipatory bail from this court,” court observed.

Court further observed that the complainant has made specific allegations wherein it has been explicitly stated the accused used to send obscene material on her Instagram account with requests for sexual favours.

“The chance of petitioner’s repeating the offence, tampering with the evidence exists. The evidence collected so far by the police agency is electronic and it is subjected to manipulations at any time,” court said.

It further observed that huge material in the form of text messages, hard copies, obscene material and other electronic evidence have been collected so far by the investigating agency and same is to be put to accused so as to bring logical end to the investigation and also give a chance to accused to confront material collected so far by the police.

“Hence the application of the petitioner for grant of pre -arrest bail is dismissed. Interim bail granted and extended from time to time is also cancelled forthwith,” court said.

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