[Clubhouse App case] Accused Akash Suyal denied bail by Mumbai court

A Mumbai court recently denied bail to Akash Suyal, one of the accused in a case filed by the Mumbai Police for posting insulting statements about women on the Clubhouse smartphone app [Akash Rakeshkumar Suyal vs The State of Maharashtra & Ors.]..Suyal, along with two other accused, Jaishnav Kakkar and Yashkumar Parashar, all Haryana residents, were arrested by the Mumbai Police on the basis of a complaint filed by two women who claimed they were defamed after their photographs were discussed by multiple people in the Clubhouse mobile application chatroom.The three were remanded to judicial custody after being held in police custody until January 24, which was extended to January 28, 2022..Their lawyers immediately moved for bail; however, since Akash and Jaishnav tested COVID positive, they were kept under quarantine..The incident occurred between October and November 2021, when the complainants' images were published on the app and derogatory and objectionable remarks made about them.According to their complaint, there were discussions of auctioning off their private parts.On the basis of this complaint, the Mumbai Police filed a first information report (FIR) on January 19, 2022 under the Indian Penal Code Sections 153A (promoting enmity between different groups), 295A (malicious acts outraging religious feelings), 354D (stalking), 509 (insulting modesty of woman), and 500 (defamation), as well as Section 67 (publishing/transmitting obscene material in electronic form) of the Information Technology Act..Suyal, through his advocate, claimed bail on the ground that he was been falsely implicated. He informed the Court that the interrogation had already been completed, and he had been remanded to judicial custody.It was his contention that the continuation of his custody will affect his education, career and future. He assured the Court that he has no direct or indirect access to the complainant, and tampering with the evidence is out of question..The prosecution objected to his bail by claiming that the investigation has not been completed. It was concerned that any grant of bail to the accused could give him the opportunity to tamper with evidence, which will result in difficulties in arresting the accused..Additional Sessions Judge Sanjashree J Gharat, based on evidence placed on record, was convinced that the accused did pass the alleged defamatory and derogatory statements against the womanhood of the complainants.."The investigation is in progress. The Accused found passing comments against females and particular community. The involvement of other Accused is noticed during course of investigation. The offence is not committed against any individual. It is an offence against all women. Therefore, if the Accused is granted bail, when the investigation is going on then it will create hurdle in investigation.", the Judge remarked.On this ground, she accordingly rejected Suyal's bail application.[Read Order]