Pre-arrest bail for scribe accused of stalking, obscenity

Thus, primafacie, provisions of section 67-A of IT Act are not attractedto the case at hand, Justice Shinde said in the order.The court noted that the accused tried to fosterpersonal interaction with the complainant despite clearindication of disinterest shown by her and continued to sendher obscene images.Therefore, prima facie, the applicants complicity inthe common offence of stalking is evident, which is punishableunder section 354D of the IPC.

The Bombay High Court has grantedanticipatory bail to an editor of a weekly Marathi newspaperwho is accused of stalking a woman online and sending herobscene messages on social media.

Justice Sandeep Shinde on Thursdaywas hearing apetition filed by Pramod Dhumal seeking pre-arrest bail.

Dhumal, in his plea filed through advocate AniketNikam, sought pre-arrest bail in connection with an FIR lodgedagainst him by Virar police on June 11, 2020 under section354D (stalking a woman physically or online) of the IndianPenal Code and under Information Technology Act.

As per the prosecution, Dhumal sent obscene and vulgarmessages from his phone to the Facebook account of the victim,a housewife.

The victim indicated her disinterest and discomfortover the messages but the accused allegedly continued sendingthem.

As per the complaint, the accused also sent links ofobscene content to the woman following which she filed apolice case.

Dhumal approached HC after a sessions court refused togrant him anticipatory bail.

Justice Shinde, in the order, noted that while, primafacie, Dhumal's complicity in the offence of stalking isevident, there is no evidence to attract the penal provisionsof section 67-A of the IT Act.

The court observed that to attract section 67-A of theIT Act, material shared must be of a nature describing orrepresenting sexual activity in a direct or detailed way.

''No doubt, images sent and the link on tappingrevealed material that tends to excite lust but it was notmaterial containing 'sexually explicit act'. Thus, primafacie, provisions of section 67-A of IT Act are not attractedto the case at hand,'' Justice Shinde said in the order.

The court noted that the accused tried to fosterpersonal interaction with the complainant despite clearindication of disinterest shown by her and continued to sendher obscene images.

''Therefore, prima facie, the applicant's complicity inthe common offence of stalking is evident, which is punishableunder section 354D of the IPC. However, it is bailable beingthe first offence,'' the court said.

The court granted Dhumal pre-arrest bail and directedhim to appear before the concerned police station once in twoweeks till the charges in the case are framed.

Dhumal's advocate Nikam said allegations against theaccused was that he sent a link of a public group on theFacebook messenger of the complainant which when opened led toa page of obscene material.

''The link in itself was not obscene and hence theprovisions of section 67-A of the IT Act cannot be imposed.

The other section imposed on Dhumal (IPC 354D) is bailable,''Nikam had argued.