Mumbai, March 1, 2022 – Vishal Sudhirkumar Jha’s bail application has been rejected by the Sessions Court for Greater Bombay in the “Bulli Bai” app case. Additional Sessions Judge Sanjashree J. Gharat (Court Room No. 39) issued the order on February 28, 2022.
Jha was arrested in connection with C.R. No. 1 of 2022, registered at the Western Cyber (BKC) Police Station, for offenses under Sections 153-A (promoting enmity between different groups), 153-B (imputations, assertions prejudicial to national-integration),1 295-A (deliberate and malicious acts, intended to outrage religious feelings),2 509 (word, gesture or act intended to insult the modesty of a woman), 500 (defamation), and 354-D (stalking) of the Indian Penal Code (IPC), and Section 67 (publishing or transmitting obscene material in electronic form) of the Information Technology Act,3 2000.
Background and Allegations:
The complainant alleged that the “Bulli Bai” app, hosted on GitHub, was used to stalk and “auction” Muslim women online. The app contained defamatory information and photographs of women from a specific community. The creators and followers of the app allegedly did not belong to the community they pretended to be, suggesting an intent to spread misinformation and incite communal tension.
Arguments Presented:
- Applicant’s Argument (Jha):
- He is falsely implicated.
- He has no criminal antecedents and comes from a respected family.
- He did not commit any overt act as alleged.
- He is merely a follower of the app and a user of the Twitter handle @hmmachaniceoki.
- His laptop and mobile phone were handed over for investigation.
- He is a B.Tech student.
- The punishment for the offenses is less than three years, making further incarceration unwarranted.
- Relied on the fact that a similar FIR was filed in Delhi, and that FIR was determined to be filed first.
- Relied on supreme court cases regarding multiple FIRs.
- Prosecution’s Argument:
- Jha’s mobile, SIM cards, and laptop were seized, but they are password-protected and require his assistance to unlock.
- He created multiple Twitter accounts that were deactivated/suspended/deleted.
- He has a GitHub account, and correspondence is ongoing for information.
- He is a member of “Trad Mahasabha” and “High IQ Bruh,” where the app’s link was shared.
- The app was designed to appear as if it was created by a specific community to target women of another community.
- The investigation is ongoing, and Jha’s role needs to be fully investigated.
- The victim in the Mumbai case and the victim in the Delhi case are different.
- The Mumbai police were not given an opportunity to argue which FIR was filed first.
Court’s Reasoning and Decision:
Judge Gharat considered the arguments and the evidence. The court noted:
- The victims in the Mumbai and Delhi cases are different, even though the platform used for the offense is the same.
- The grievance of the Mumbai victim cannot be ignored.
- Jha’s connection to the app’s creators is under investigation.
- The creators have been arrested by Delhi Police, and their transfer to Mumbai is in process.
- Jha is allegedly a member of groups where the app’s link was shared.
- The app was designed to defame a community and insult women.
- The investigation is at an initial stage, and Jha’s role cannot be separated from the other accused.
- Custodial interrogation is required.
- The court ruled that the argument regarding the first FIR filed should be addressed by quashing the FIR in high court if that is what the accused desires.
- The court ruled that because the victims are different, both FIRs are maintainable.
Therefore, the court rejected the bail application.
Order Details:
The order was dictated and typed on February 28, 2022, and checked and signed on March 1, 2022. The certified copy was uploaded on March 1, 2022, at 2:20 p.m.
This decision reflects the court’s consideration of the ongoing investigation, the communal angle of the offense, and the need for custodial interrogation to uncover the full extent of Jha’s involvement.