Bail granted under Bharatiya Nagarik Suraksha Sanhita, 2023 with a prohibition on social media usage for three years.
In a significant ruling, the Rajasthan High Court, presided by Justice Ashok Kumar Jain, has granted bail to Tulsa Ram @ Tushar, accused of morphing and disseminating the victim's picture on social media. The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to an FIR lodged at Police Station Bheem, District Rajsamand. The allegations against Ram involved offenses under Section 77 of the Bharatiya Nyaya Sanhita, 2023, Sections 11/12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 67A of the Information Technology Act, 2000.
Tulsa Ram has been in custody since April 2, 2026, following accusations of morphing the minor victim's picture and uploading it online to defame her. Despite opposition from the complainant's counsel and the Public Prosecutor, the court decided to grant bail, noting that the investigation was complete and the trial was likely to be prolonged.
The court, considering the circumstances, imposed stringent conditions on the accused, including the furnishing of a personal bond of Rs. 50,000/- with two sureties of the same amount. Furthermore, Ram is prohibited from using any social media platforms for three years and is barred from contacting the victim or her family directly or indirectly. The court emphasized that any violation of these conditions could lead to the cancellation of his bail.
Justice Jain highlighted the misuse of social media by the accused and noted the necessity for restrictions to prevent future misconduct. The court's decision reflects a balanced approach, considering both the gravity of the allegations and the accused's prolonged detention without trial.
This ruling underscores the judiciary's stance on the misuse of social media and its potential consequences. The court's decision aims to serve as a deterrent against such offenses and ensure justice while safeguarding the victim's rights.
The legal fraternity and civil society have been keenly observing this case, which raises pertinent questions about digital privacy and the responsibility of individuals on social media platforms.
Bottom line:-
Bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for an offence under Section 77 of Bharatiya Nyaya Sanhita, 2023 with conditions including restriction on social media use.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Section 77, Information Technology Act, 2000 Section 67A, Protection of Children from Sexual Offences Act, 2012 Sections 11/12
Tulsa Ram @ Tushar v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2937611
