Delhi Court Grants Bail To Man Accused Of Posting Morphed Photo Of Prime Minster Bowing Before Shahrukh Khan

A Delhi Court has granted bail to a man accused of posting an AI-generated morphed picture on his X account depicting Prime Minister Narendra Modi bowing before film actor Shah Rukh Khan.

Additional Sessions Judge Saurabh Pratap Singh Laler of Patiala House Courts granted bail to Mujahid Jamal Shaikh, noting that investigation qua him was complete and that although police custody remand was taken, but no recovery was effected.

The judge also noted that the accused had himself closed or deactivated his X account on March 14 at the instance of the first IO, and later reactivated the same only upon the request of the IO engaged in the case later for investigation.

“In view of the above, and keeping in mind the principles laid down in Arnesh Kumar (supra), Satender Kumar Antil (supra), Dataram Singh v. State of U.P. (2018) 3 SCC 22 and the fact that the applicant has deep roots in society, is the sole bread-earner of his family, and there is no likelihood of his absconding or tampering with evidence, this Court is of the considered opinion that the applicant deserves to be released on regular bail,” the Court said.

The FIR was registered for the offences under Sections 336(4) (forgery), 356(2) (defamation) and 353(2) (public mischief) of the Bharatiya Nyaya Sanhita, 2023, read with Section 66 of the Information Technology Act, 2000.

It was alleged that the X post was objectionable and likely to promote disharmony.

The accused was arrested on March 18 and one day police remand was granted on March 20. Thereafter, judicial custody was ordered. His bail application before the JMFC Court was dismissed on March 25.

At the outset, the judge noted that the police custody remand of the accused was taken on March 20 and no recovery was effected thereafter.

It also recorded that the accused had no previous involvement in any criminal case and that the offence alleged was limited to posting a single Al-morphed photograph of the Prime Minister in an objectionable manner alongside a film star.

The judge also noted that the accused had placed on record a document purporting to be “grounds of arrest" dated March 12 bearing signatures of an SI which was allegedly served upon his brother on March 11.

However, the IO informed Court that the said document was not part of the official record and had been described by the SI concerned as a forged document.

Accordingly, the judge, without expressing any final opinion on the authenticity of the document, directed the Deputy Commissioner of Police, Special Cell, to conduct a preliminary inquiry into whether the document was genuine or forged. If necessary, opinion of a handwriting expert may be obtained, the Court said.

APP Mukul Kumar appeared for the State. Advocates Aamir Raza Khan, Sazid S. R . Shah and Amit Singh represented the accused.