Mumbai, February 3, 2022 – The Sessions Court for Greater Mumbai has rejected the bail application of Mohd Aakib Zamiruddin Ansari (23), who was arrested in connection with a case involving the posting of obscene content and harassment of a woman on social media. The order was issued by Additional Sessions Judge Sonali P. Agarwal (Court Room No. 41) on February 2, 2022.
Ansari was arrested in connection with C.R. No. 01/2022 registered at the Vakola Police Station. He faces charges under Sections 354(a) (sexual harassment), 354(d) (stalking), 509 (word, gesture or act intended to insult the modesty of a woman),1 506 (criminal intimidation), and 500 (defamation) of the Indian Penal Code (IPC), as well as Sections 67 (publishing or transmitting obscene material in electronic form) and 67(A) (publishing or transmitting of material containing sexually explicit act, etc., in electronic form)2 of the Information Technology Act, 2000.3
Background and Allegations:
According to the prosecution, Ansari worked at a grocery shop near the complainant’s residence. They became acquainted, and she shared her mobile number with him. However, when Ansari attempted to establish a closer physical relationship, she distanced herself. Subsequently, the complainant’s photos were uploaded on Facebook and Instagram with obscene and derogatory messages.
The complainant suspected Ansari’s involvement and confronted him. He allegedly responded by threatening her and her family, stating that she would see more of his posts on social media.
Arguments Presented:
Mr. Khalid Shaikh, representing Ansari, argued that his client was falsely implicated. He emphasized that Ansari’s mobile phone had been seized, and there was no concrete evidence linking him to the Facebook and Instagram accounts used to post the offensive content. The defense also argued that the trial would be lengthy and requested bail for Ansari.
Mrs. Meera Choudhary-Bhosale, the Additional Public Prosecutor (APP) for the State, opposed the bail application. She argued that the investigation was ongoing, particularly concerning the email IDs, mobile phones, and SIM cards used to create the fake social media accounts. The prosecution also highlighted Ansari’s history of threatening the complainant and her relatives and raised concerns about his lack of a permanent residence in Mumbai.
Court’s Reasoning and Decision:
Judge Agarwal noted that the complainant’s allegations were supported by Ansari’s alleged response when confronted. He did not deny his involvement but instead threatened to post more content. The court also acknowledged the prosecution’s ongoing investigation into the digital evidence and the need to record the complainant’s statement under Section 164 of the Criminal Procedure Code (Cr.P.C.).
The judge concluded that Ansari’s conduct, as alleged, indicated his prima facie involvement in the offenses. Releasing him on bail at this stage would pose a significant risk of him threatening the complainant and witnesses, tampering with evidence, and absconding.
Order Issued:
The court rejected Criminal Bail Application No. 213 of 2022, disposing of it accordingly. The order was dictated, transcribed, and signed on February 2, 2022. The certified copy was uploaded on February 3, 2022, at 12:27 p.m.
This decision reflects the court’s concern regarding the seriousness of cybercrimes and the protection of women from online harassment and defamation. The court prioritized the ongoing investigation and the safety of the complainant and witnesses over the accused’s plea for bail.