Mumbai, Maharashtra – June 21, 2022 – Niraj Kumar Nunwa Singh, accused number 6 in the “Bulli Bai” app case, has been granted bail by the Sessions Court in Greater Bombay. The Additional Sessions Judge, Smt. A.B. Sharma, approved his bail application (Criminal Bail Application No. 899 of 2022) citing the completion of the investigation, the filing of the charge sheet, and the fact that other co-accused in similar cases have been granted bail.

Background of the Case:

Singh was arrested in connection with the “Bulli Bai” app case, where photographs of Muslim women were uploaded and used for online “auctions” on the GitHub platform. He was charged under Sections 153-A, 153-B, 295-A, 354-D, 509, 500, 201, and 120-B read with 34 of the Indian Penal Code, and Section 67 of the Information Technology Act.

Allegations and Arrest:

The FIR alleged that the “Bulli Bai” app was used to auction Muslim women, including the complainant, who found her photograph and details being used for obscene and immoral purposes. The app and associated social media accounts were accused of promoting enmity between different groups based on religion and hurting religious sentiments. Singh was arrested on January 20, 2022.

Defense Arguments:

Ms. Dhanashree Lad, representing Singh, argued that the investigation was complete, the charge sheet was filed, and the FIR did not disclose any offense against her client. She stated that Singh was directed by another co-accused, the app’s creator, to change his Twitter handle and represent himself as a Sikh. She emphasized that Singh did not upload any photographs and that his mobile phone and SIM card were seized by the police. She also pointed out that other co-accused in similar cases had been granted bail and that there was no direct evidence linking Singh to the creation or publication of the objectionable material. She argued that the evidence was digital and already preserved, eliminating the possibility of tampering.

Prosecution’s Counter-Arguments:

Mr. Vaibhav Bagade, the Special Public Prosecutor (SPP), opposed the bail application, arguing that Singh was involved in the offense by instructing others to conceal their social media activity and use VPNs and Proton Mail. He contended that Singh frequently changed his Twitter account name to conceal his identity and followed the “Bulli Bai” app. He argued that Singh acted on the directions of other co-accused, promoted enmity between groups, and posed a flight risk as he was a resident of Orissa.

Court’s Observations and Decision:

Judge Sharma noted that the investigation was complete, the charge sheet was filed, and the evidence was primarily electronic, already collected by the investigating agency. She also highlighted that co-accused in similar FIRs had been granted bail by the Patiala House Courts in New Delhi and that three other co-accused were already 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,” Judge Sharma stated in her order.

The court also considered that Singh had been in custody for over six months, was 28 years old, and the offense was triable by a Magistrate’s Court. The court concluded that prolonged incarceration would serve no fruitful purpose and granted bail with stringent conditions.

Bail Conditions:

The court granted bail to Singh, subject to the following conditions:

• He must furnish a Personal Bond (PB) and Surety Bond (SB) of Rs. 50,000 with one or two solvent sureties.
• He must visit the Cyber Police Station once a month, on the fourth Sunday, between 4:00 PM and 6:00 PM, until the conclusion of the trial.
• He must not leave India without prior permission from the court.
• He must submit proof of his residential address, phone number, Aadhaar card, and Election card (if any) and notify the Investigating Officer (IO) of any changes.
• He must not involve in any crime; his bail may be canceled if he does.
• He must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly influence any person acquainted with the case.
• He must regularly attend court hearings.
• He must not visit the places where victims and prosecution witnesses reside or contact them.
• The prosecution can file for cancellation of bail in case of violation of conditions.
• Provisional cash bail is allowed for eight weeks.
• He must share his location on google maps with the IO.
• Bail must be furnished before the trial court.

Significance of the Ruling:

This ruling highlights the court’s consideration of the completion of the investigation, the filing of the charge sheet, and the parity with other co-accused in similar cases when deciding bail applications. The court’s decision underscores that prolonged pre-trial detention may not be justified when the investigation is complete and the evidence is already secured.

Key Factors in the Bail Grant:

• Completion of the investigation and filing of the charge sheet.
• Bail granted to co-accused in similar cases.
• The nature of the evidence being primarily digital and secured.
• Singh’s cooperation with the investigation.

Future Proceedings:

The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Singh beyond a reasonable doubt. The court will monitor Singh’s compliance with the bail conditions.