Srinagar Court cancels bail granted to man accused of attacking religion, sending obscene messages to Shehla Rashid via social media

Just as liberty is precious to the petitioner, so is the society interested in the maintenance of peace, law and order, said a Srinagar court on Thursday while dismissing a bail plea moved by a man accused of sending obscene messages to Shehla Rashid and attacking her religion and community via social media (Mihir Thakor Patel versus UT of J&K). .As any right-minded citizen, the petitioner was expected to exercise care and caution in his acts and words and while using the digital platform, added Additional Sessions Judge Haq Nawaz Zargar, while also vacating the interim, pre-arrest bail earlier granted to the Gujarat-resident accused, Mihir Thakor Patel.."Just as the liberty is precious to the petitioner, so is the society is interest in maintenance of peace, law and order. Both are equally important. The petitioner, who has alleged to have committed the offences under sections cannot claim himself to be a victim and seek for discretionary relief. As any other right minded citizen, the petitioner was expected to exercise care and caution in his acts and words and while using the digital platform (sic)", reads the order..The FIR against Patel alleges the commission of offences various provisions including Sections 67, 67-A (Punishment for publishing or transmitting obscene material, sexually explicit material in electronic form) of the Information Technology Act and the following provisions of the Indian Penal Code (IPC)Section 153-A (promoting enmity between different groups based on religion, race etc.), Section 298 (acts to wound religious feelings), Section 354-A (physical contact with explicit sexual overtures and demand of sexual favours), Section 354-D (stalking), Section 505 (2) (statements creating or promoting enmity, hatred or ill-will), Secton 509 (outraging a woman's modesty)..The complainant, Shehla Rashid alleged that she is facing harassment owing to the obscene content addressed to her by the accused, besides his aggressive approach in making such sexually explicit statements and attacking her religion and community, which in turn was stated to have caused her great harassment to her and her family. .On the other hand, the counsel for accused relied on the Supreme Court's ruling in Arnesh Kumar Vs. State of Bihar to urge for the grant of bail. It was Patel's case that the complaint was false and frivolous, and that he was read to cooperate with the investigation. He, however, expressed difficulties in physically travelling to Jammu and Kashmir for the probe citing the COVID-19 pandemic and the harsh and hostile conditions in Kashmir. .The Court, however, ultimately dismissed the bail plea in view of the following factors:Prima facie, the accused appeared to have sent obscene and vulgar messages to RashidThe allegations against the accused are grave and serious.The chance of petitioner/accused man repeating the offence, tampering with the evidence exists. The evidence collected so far by the police agency is electronic and it is subjected to manipulations at any time.The investigation is still in process and the petitioner has been evading appearance before the investigating officer. Patel has not been cooperating with the police agency despite getting interim anticipatory bail, the court found. The Court was unable to accept Patel's submissions that the allegations against him are frivolous and vexatious or that he is totally innocent.The complainant is a lady falling under the age group of marriageable age. Stalking and passing such textual messages concerning the religion and obscenity need not to be encouraged by grating bail in anticipation..The Court further rejected Patel's submissions as regards his difficulties in travelling to Kashmir, while observing, "... if accused turns up here in Kashmir, he will be under the protection of the state police and the police is very much competent to took care and safety of the security of the petitioner.".Hence, the application filed under section for grant of bail was dismissed.."After carefully evaluating the nature of allegations, the impact of exhortations made by the petitioner, its consequences and the need for maintaining the social fabric, dignity , modesty of a women and use of social platform on digital mode in these trying and hard times, the likelihood of accused fleeing from the Justice and repeating the offence, possibility of tampering with the electronic evidence and causing obstruction in the course of justice , this court is of the view that the petitioner is not entitled to relief of pre-arrest bail. Interim bail granted vide order dated 13.01.2021 and extended from time to time is also vacated/ cancelled forthwith", the Court said..[Read Order]