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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 216 OF 2022
(CNR No. MHCC020010642022)
Kumari Shweta Singh
)… Applicant / Accused
Versus
The State of Maharashtra
(Western Cyber Cell(BKC) Police Station)
)
) … Respondent
Ld. Adv. Chittaranjan Das for Applicant /Accused.
Ld. APP. Kalpana Hire for State/Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 04.03.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 1 of 2022 registered with Western Cyber Cell (BKC) Police Station
for the offences punishable under Sections 153A, 153B, 295A, 509,
500, 354D of I.P.C. and under Section 67 of Information Technology
Act, 2000.
2.
The complainant approached the Western Cyber (BKC)
Police Station and informed that the holder of twitter handle i.e.
@bullibai_,
@sageox11,
@hmmachaniceoki,
@jattkhalsa7,
@wannabesigmaf and creator of bullibai app are stalking Muslim
woman and started online sale of their photographs for immoral and
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illegal purpose. The said application named as bullibai was created on
online platform. The same was followed by people belonging to the
particular community. The said application contains data defaming
various woman from particular community. However, the creators and
followers of the App are not belonged to a religion to which they shown
to be belonged in the App bullibai. Therefore, the said App is created
with an intention of disseminating the information about woman of
particular religion. Based on the said information the FIR came to be
registered. During course of investigation, the involvement of the
Accused is found. Therefore, the Accused came to be arrested.
3.
The Applicant / Accused claims bail on the ground that she
is falsely implicated in the present offence. She submitted that after
arrest she cooperated police. The Police already seized her mobile, Sim
Card, Twitter, Gmail and other accounts. Therefore, nothing is to be
recovered from her. So also, she also putforth her grievance of slapping
by police before Ld. Metropolitan Magistrate Court and the directions
were given to DCP to make enquiry about the grievance of Accused.
She further submitted that her detention will create problem in her
marriage.
4.
As regards to the offence it is alleged by the Accused that
the creator of App not used any abusive words. Moreover, tagging a
photo and twitting is not an offence. She joined and twitted in the
group as a friend. It is further submitted that the right to freedom
includes the freedom of speech and expression. Therefore, the right of
freedom guaranteed by constitution can not be ignored.
5.
The Accused further submitted that she is student.
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Moreover, the punishment prescribed for commission of offence is less
than 7 years and therefore, further incarceration in the present case is
unwarranted and it will amount to prejudicial sentence to the Accused.
The Accused submitted that she is ready to abide the conditions of bail.
Therefore, prayed for release on bail.
6.
The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that after arrest two
mobiles were seized. Moreover, the present Accused found operating 7
twitter Accounts, 1 Twitter Account and 1 Gmail Account. She is having
technical knowledge. So also, she is using E mail services of Proton Mail
and having 3 Accounts on Proton Mail. So also, she was in contact with
coaccused from different Instagram Accounts and she is member or
Twitter, Instagram Account holder having common mindset.
She is
active on social media and used to post provoking contents. So also, the
coaccused was holding github account and the correspondence is made
to get the information. The Accused is member of Trad Mahasabha and
High IQ Bruh and more important is that the link of disputed App was
shared on High IQ Bruh. Moreover, it was tried to portray that the
bullibai app is created by particular community and targeted the ladies
of particular community. Therefore, the investigation is required to be
carried out. Hence, prosecution strongly raised objection for grant of
bail to the Accused.
7.
Heard Ld. APP. for State and Ld. Defence Advocate.
8.
The
complainant
filed
complaint
alleging
that
on
01.01.2022 she came to know from her friend that on bullibai app
hosted by github.com website her photograph is uploaded for auction.
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Therefore, she found the said act outraging her modesty. Hence, she
made inquiry about the bullibai App. At that time she came to know
that said App is created for online purchase and sell of Muslim woman
who are active on social media. So also, they uploaded photograph of
more than 100 muslim woman for online auction.
9.
From the argument advanced by the Accused it is alleged
that the App is not created by the Accused. However, she is just follower
of the said App. It is submitted on behalf of the prosecution that during
course of investigation, the connection of Accused is transpired with the
Accused who created the App. It is further submitted that the Accused
who created the App is arrested by Delhi Police. The Investigating
Agency has already sought transfer of creators of App from Delhi Police
in the present crime. The permission is already granted and the process
is going on. Therefore, if the Accused is released on bail, then there is
every possibility that Accused will tamper with the evidence.
10.
From the Reply filed by the prosecution it appears that
Accused Niraj Bishnoi and other coaccused including the Applicant are
all members of Group Chat ‘Trad Mahasabha’ and as a result of
discussion in the said group chat, the alleged App on github was created
by Accused Niraj Bishnoi. However, during investigation the role of
Accused is transpired. The investigation is in progress. Therefore, at
this stage, the role of Accused can’t be bifurcated from rest of the
Accused. The Investigating Agency already sought permission for
custody of coaccused who created the APP. Therefore, if at this stage,
the Accused is released on bail, the possibility of tampering with
evidence can’t be ruled out. The hardware and other data seized during
investigation is having wide amplitude. Therefore, detail investigation
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needs to be carried out with the help of cyber experts. Therefore, the
release of Accused during pendency of investigation will definitely
hamper the investigation. The Accused also harped on right to freedom
and freedom of expression and speech. The right guaranteed under
Article 19 of the Constitution are subject to reasonable restrictions. The
Accused alongwith coaccused found committing act of defaming
woman hood.
Moreover, they tried to portray that said act is
committed by Sikh Community and changed their Twitter handle names
as under :
11.
1.
vkjksih fo’kky lq/khjdqekj Ökk – Atriya cnyqu khalasa supremacist
2.
vkjksih Losrk vuar ikyflax – @infinitude7 cnyqu @jattkhalsa7
3.
vkjksih e;ad izfniflax jkor – @copingmeme cnyqu @khalsarajj,
@jatindarsingh Bhullar,
4.
vkjksih fujt flax ;kl –
Uday@daydreamerr234 cnyqu
@Harpalsingh @Sikh_khalsa11,
Thus, record shows the active involvement in the
propagating and disseminating the information / data relating to
woman of particular community. So also, they tried that Sikh
Community should be targeted for said illegal acts. The largest interest
of society is at stake. As a result, at this stage, the prayer of Accused for
release on bail can’t be granted.
Hence, I hereby proceed to pass
following Order :
ORDER
The Bail Application No. 216 of 2022 stands rejected.
Date : 04.03.2022.
Dictation Typed on :
Checked & Signed on :
04.03.2022.
04.03.2022.
(SANJASHREE J. GHARAT)
Additional Sessions Judge,
City Civil & Sessions Court,
Greater Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
04.03.2022 at 5.50 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 04.03.2022
JUDGMENT/ORDER signed by P.O. 04.03.2022
on
JUDGMENT/ORDER uploaded on
04.03.2022