Nishka Srinivas Veluvali
Published On: February 04, 2022 at 17:45 IST
The Mumbai Court on Tuesday, granted Bail to the Accused in the Clubhouse App Case, while directing the Bail recipient Yashkumar Parashar to undergo counselling as a Bail condition.
The Court stated that Kumar being a Law Student has more responsibility on his shoulders than any other citizens.
The Metropolitan Magistrate Komalsingh Rajput had granted Bail to Kumar on February 01, 2022 but the detailed Order was handed to the Lawyer on February 04, 2022.
The Court apart from imposing regular conditions such as furnishing of Bail Bond of Rs. 30,000 with sureties and cooperate with the Investigation, also directed the Accused to undergo counselling for “general social behaviour and following etiquettes” and submit the report of the same in the Court within a month.
The Magistrate in the Order stated that, “The people and particularly young generation in their teenage ignoring etiquettes and mannerism insulting every member of society and every corner of social life, including religion, race, gender, etc. etc. The immediate attention towards this aspect is necessary unless there will be havoc and situation may go out of control as everybody across world have access to it and majority of them may attempt to react on their own way ignoring the social norms and morality”.
While observing all the submissions, the Court granted Bail with some conditions imposed on the unbridled and uncontrolled aspect of social life called social media at least to the extent of the Accused.
The Court also highlighted the manner of Evidence recovery and methodology put in place for the same were not catching up with the time.
“This Court is repeatedly coming across such incidents wherein Allegations are serious, but there is tremendous apathy on the part of Investigating Agency. Such a conduct on the part of the Investigating Agency cannot be defended”, the Court contended.
Kumar and two other Accused, Jaishnav Kakkar and Aakash Suyal, residents of Haryana were Arrested by the Mumbai Police on the grounds of the Complaint filed by two women who claimed, that they being Defamed after their pictures have been circulated and discussed in the chatroom of the Clubhouse Mobile Application.
The reported incident took place in October and November 2021, when the pictures of the Complainants were being posted on the App and derogatory and Defamatory remarks were being made about them.
The Complaints also stated that there were discussions going on to auction the private parts of women, whose pictures were being uploaded.
Based on these statements and complaints, the Mumbai Police had registered First Information Report (FIR) as per the provisions of the Indian Penal Code (IPC) and the Information Technology Act.