Derogatory Social Media Posts Against Complainant, Judge Or Police Can Be Considered To Deny Anticipatory Bail: Delhi High Court

The Delhi High Court has observed that an accused can be denied anticipatory bail if he has been posting complainant's photographs on social media using inappropriate language as well as making posts against the judge or investigating agency.Justice Neena Bansal Krishna denied anticipatory bail to a man, a law student, noting that he had been using obscene and derogatory language against the Complainant and used to call her at odd times.“Further, the Applicant has been posting photographs of the Complainant on social media platforms including Facebook and YouTube, using inappropriate language. Moreover, the Applicant has not even spared the judicial officer as well as the investigating agency, in his social media posts. Such conduct of the Applicant makes it unlikely that he would not misuse the Anticipatory Bail to continue harassing the Complainant and her daughter,” the Court said. The FIR was registered by the woman for the offences punishable under Sections 77 (voyeurism), 87 (Kidnapping, abducting or inducing woman to compel her marriage) , 324(1) (Mischief), 351 (criminal intimidation) and 308(2) (Extortion) of the Bharatiya Nyaya Sanhita, 2023.It was alleged that the accused wilfully misused social media platforms to fabricate, manipulate and widely circulate obscene, defamatory, and vulgar content using the name of the complainant's daughter, her photographs and contact details. As per the FIR, the contents were published without their consent and with the clear intention of damaging the character of the Complainant.The woman alleged that the accused made unsolicited, threatening and vulgar calls and sent messages at odd hours on her mobile number and that such communications included lewd remarks, sexual insinuations and explicit threats to defame, harm and coerce her daughter and herself, unless she complied with his unlawful and immoral demands.Dismissing the plea, the Court noted that there was a long-standing history of personal enmity and multiple litigations between the Complainant and the accused. It said that although the accused had previously been acquitted in similar complaints filed by the woman, his conduct should be noted.Justice Krishna said that previous acquittals do not create an automatic entitlement to bail in case which involves distinct allegations and a continuing course of conduct. “The allegations in the present are not merely of a single isolated incident but reveal troublesome conduct of the Applicant spanning over several months, involving physical intimidation and digital harassment,” the Court said. “Thus, the seriousness of the accusations, the possibility of the Applicant influencing or threatening the Complainant, his conduct throughout the proceedings, weigh heavily against the grant of Anticipatory Bail. This Court finds no ground to exercise its discretion in favour of the Applicant. The Anticipatory Bail Application is accordingly, dismissed,” it added.Title: VIVEK DEEP v. STATE GOVT. OF NCT OF DELHI & ANRCitation: 2025 LiveLaw (Del) 1382Click here to read order

Derogatory Social Media Posts Against Complainant, Judge Or Police Can Be Considered To Deny Anticipatory Bail: Delhi High Court

Nupur Thapliyal

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