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IN THE COURT OF SESSION AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 899 OF 2022
(CNR NO. MHCC02­005059­2022)
Mr. Niraj Kumar Nunwa Singh
) … Applicant / Accused No. 6
Versus
The State of Maharashtra
)
(Through Western Cyber Police Stn.) ) … Respondent
Ld. Adv. Dhanashree Lad for Applicant / Accused.
Ld. SPP. Vaibhav Bagade for State / Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. A. B. SHARMA (C.R. NO. 39)
DATED : 21.06.2022.
ORDER
This is an application for bail under section 439 of Code of
Criminal Procedure in Crime No. 1 of 2022 registered with Cyber Police
Station for the offence punishable under Sections 153­A, 153­B, 295­A,
354­D, 509, 500, 201, 120­B r/w 34 of the Indian Penal Code and
under Section 67 of Information Technology Act.
2.

As per FIR, the informant is regular user of the Internet and
is having her profile on Instagram and twitter and uses social media
platform. On 01.01.2022 at around 12:32 pm she received a message
on Whats App from her friend that her photograph is posted online on
an application known as ‘Bulli Bai’ on a website of Github.com and the
said photograph is being used for on­line auction. It is further alleged
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that the informant called her friend on Whats App and inquired about
the ‘Bulli Bai’ application and she came to know that the ‘Bulli Bai’
application is being used for the auction of Muslim women alongwith
the informant who are active on social media. There are more than 100
Muslim women whose photos were uploaded on the said ‘Bulli Bai’
application. Thereafter, the informant logged into her Twitter Account
and saw various twitter handles being used for the auction sale and
purchase of various Muslim women. It is also alleged that the informant
clicked on twitter handle to ‘Bulli Bai.github.io’ and she found a link of
her account was shared on the said twitter handle. The informant
thereafter checked the description mentioned in the bio of the handles
@bullibai_ and she found that the description was mentioned as ”
bullibai is a community driven pen source app by Khalsa Sikh group
KSF ” and under the bio the description she found that “there is a lot of
finding M maids in India because of Islamophobic Hindu Nationalist. So
we at KSF have created an app which will let you choose any random M
maid from 100+ options”. It is also alleged that similarly the twitter
handle under the name of wannabesigmaf has published an obscene
tweet wherein it is mentioned as she is multipurpose bulli, a law
student, Ma Sikh Brothers want to learn law from her, she can teach
law and also serve as part­time escort maid, one of the perfect bulli. It is
also alleged that she came to know that the twitter handle mentioned
above as well as ‘Bulli Bai’ application and the creators thereof stalked
her on­line and downloaded her photographs and used her twitter
handle for obscene and immoral purposes. It is also alleged that the
identity of the informant and other Muslim women were misused and
represented by displaying them as women available for on­line sale for
immoral and obscene purposes. It is also alleged that the informant and
other women are belonging to same community were defamed through
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the use of the said application by the accused and it hurts religious
sentiments of the informant and the said incident is capable of the
promoting enmity between the different groups on the ground of
religion, race, place of Birth, residence, language, etc. and doing acts
prejudicial to maintenance of harmony. On the basis of said
information, the aforesaid crime came to be registered against the
accused and others.
3.

The Applicant / Accused had moved the application for bail
before the learned Trial Court, but the learned Metropolitan Magistrate,
12th Court, Bandra, Mumbai rejected the application on the ground that
the role played by the applicant / accused is more serious than other
accused and also the applicant / accused misused the immature age and
understanding of the co­accused who are younger than him. He further
submits that the investigation is completed and the charge­sheet is filed.
The contents of FIR do not constitute any offence against the
applicant / accused. The applicant / accused is respectable member of
the society. The creator of bullibai app is another co­accused. He is
directed the present applicant / accused to change his Twitter handle
name and represent him as a ‘Sikh’ and as per his direction he was acted
upon.

The present applicant / accused has not uploaded a single
photograph on social media. The mobile phone and SIM Card of the
present applicant are already seized by the Investigating Agency. The
main accused is resident of Delhi whereas the other accused persons are
from the different states and in no manner the applicant / accused is
associated or known to the other accused persons. The offence is
punishable upto 3 years. The applicant / accused is aged about 28 years
old and his family is dependent upon him. The offence is politically
motivated and there are no direct evidence to link the applicant /
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accused with the creation or publishing the objectionable material
mentioned in the FIR and charge­sheet as well. The evidence is in the
form of digital and electronic and the same are already preserved by the
prosecution. Therefore, it cannot be tampered anyhow. The informant is
residing at Mumbai and the applicant / accused is resident of Brujraj
Nagar, District Jharsuguda, Oma, State­Orissa. Therefore, there is no
possibility of tampering of prosecution evidence and witnesses.

He
further submits that he undertakes to attend the trial regularly and will
not create hurdle in the trial. Therefore, his longer detention is not
required. He has not having any previous criminal antecedents. It is
submitted on behalf of the accused that he is ready to abide the
conditions of bail.
4.

The Prosecution has raised objection to grant bail by filing
Say (Exh.02). It is submitted on behalf of the prosecution that prima­
facie the involvement of applicant / accused is seen in the offence as he
informed the other members to keep close the other social media acts
for sometime for the purpose of operating VPN, Proton Mail. It is also
submitted that the applicant / accused by concealing his original
identity frequently changed his name on his Twitter Account and used
to follow bullibai app. He has acted as per the direction of other co­
accused. It is also submitted that the applicant with the help of other
co­accused promoted the enmity between different groups and this act
of the accused is pre­judicial to maintain the harmony and also to
national integration by creating the said application. It is also submitted
that all the accused are in the contact with each other through Twitter
and Instagram. The offence is serious in nature. If the accused is
released on bail there might be possibility to create the serious issue
regarding law and order. The applicant / accused is permanent resident
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of Orissa and there is every possibility of his absconding after getting
bail. Therefore, the prosecution strongly objected for release of Accused
on bail.
5.

After going through the Prosecution case and argument
advanced it appears that the investigation is completed and charge­
sheet is filed. The offence is based upon the electronic evidence which
are already collected by the investigating agency.

The accused was
arrested on 20.01.2022 and since then he is behind the bar. It is seen
that 4 other FIRs came to be filed against the other co­accused having
similar allegations in different States. It is further seen that the co­
accused has granted bail by the Patiala House Courts, New Delhi. It is
further seen that 3 co­accused are already released on bail. Whatever
evidence relied by the prosecution regarding alleged involvement of
applicant / accused, have already been collected, under such
circumstances the investigating agency does not require his continuous
custody. The accused is behind the bar since more than 6 months. He
is aged about 28 years. The offence is triable by Magistrate’s Court. The
trial is not commenced and would take a considerable time, till then, I
do not find that any fruitful purpose would be served by keeping the
accused in such prolonged incarceration. Considering peculiar facts and
circumstances of the case, I am inclined to enlarge the accused on bail
by imposing stringent conditions. Hence, I proceed to pass following
Order :­
ORDER
1.

The Bail Application 899 of 2022 is hereby allowed.

2.

The Applicant / Accused Niraj Kumar Nunwa Singh
be released on bail, in C.R. No. 1 of 2022 registered by Cyber
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Police Station on furnishing P.B. and S.B. of Rs. 50,000/­
(Rs. Fifty Thousand only) with one or two solvent sureties in
the like amount.
3.

The Applicant is further directed to visit Cyber
Police Station once in a month, i.e. fourth Sunday between
4.00 to 6.00 p.m. and to maintain the diary in respect of the
visit till conclusion of trial.
4.

The Applicant shall not leave India without prior
permission of the Court.
5.

The Applicant shall submit the proof of his
residential address, phone number, Aadhar Card and Election
Card, if any. Also notify the I.O. regarding any subsequent
change.
6.

The Applicant shall not involve in any crime, if
found, his bail may be cancelled.
7.

The Applicant is further directed not to tamper with
the prosecution evidence or witnesses.
8.

The Applicant shall not directly or indirectly, make
any inducement, threat or promise to any person acquainted
with the facts of the case, so as to dissuade him from
disclosing such facts to the Court or to the Police Officer.
9.

The Applicant shall regularly attend the case on each
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and every date.
10.

The Applicant is further directed not to visit the
place where the victims and Prosecution witnesses are
residing or to contact them in any manner.
11.

In case of the violation of condition of bail the
prosecution is at liberty to file an application for cancellation
of bail.
12.

The Provisional cash bail is allowed for Eight weeks.

13.

The accused shall always drop a pin on the google
map so that his location would be available to the I.O.
14.

Bail before the trial Court.

(A. B. SHARMA)
Additional Sessions Judge,
City Civil & Sessions Court,
Greater Bombay.
Date :­ 21.06.2022.
Dictation Typed on
Checked & Signed on
:
:
21.06.2022.
24.06.2022.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24.06.2022 at 6.25 pm
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. A. B. SHARMA
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 21.06.2022
JUDGMENT/ORDER signed by P.O. 24.06.2022
on
JUDGMENT/ORDER uploaded on
24.06.2022