Granting anticipatory bail for defamatory Facebook post

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 837 OF 2017

Nanda Bholanath Singh
Vs.
The State of Maharashtra

CORAM : A.S. GADKARI, J.
DATE : 5 th MAY, 2017.

1. The applicant is apprehending arrest in C. R. No. 134 of 2017 dated 18.04.2017 registered with Oshiwara Police Station, Mumbai under Sections 153(A)(1) of the Indian Penal Code.

2. It is the case of the prosecution that the applicant has posted one article on the social media, “Facebook” which is defamatory in nature and has hurt the feelings of a particular class of people from the society. The police are yet to recover the said mobile phone of the applicant from which the said post was published.

3. The learned counsel for the applicant submitted that, the applicant being a lady her custodial interrogation may be avoided. He submitted that the applicant is ready and willing to co-operate with the investigating agency.

In view thereof, for the time being the applicant can be directed to attend the Investigating Officer and to join the process of investigation. Hence, the following order:
(i) In the event of arrest of the applicant in C. R. No. 134 of 2017 dated 18.04.2017 registered with Oshiwara Police Station, Mumbai, the applicant shall be released on bail on her furnishing P.R. Bond of Rs. 25,000/- with one or two solvent local sureties in the like amount.
(ii) The applicant shall attend the Investigating Officer as and when called for between 11.00 a.m. to 2.00 p.m. and to join the process of investigation till the next date.
(iii)The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

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(iv) S. O. to 08.06.2017.
[A. S. GADKARI, J.]

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