On Monday a Delhi court granted bail to the creators of the ‘Bulli Bai’ app and ‘Sulli Deals’ app, Niraj Bishnoi and Omkareshwar Thakur respectively stating the reasons to be humanitarian grounds. As per sources, the court felt that the accused being first-time offenders could get harmed by continued incarceration and that considering they didn’t seem to be flight risks could be given bail.
As per LiveLaw, the court order said that “Accused is a first time offender and a young person as such prolonged incarceration would be detrimental to his overall well being. Accused has roots in the society community and he is not a flight risk. The trial would take considerable time to save as such no fruitful purpose would be served by keeping him detained any further.”
Is It Right To Give Bail?
Usually in such cases whenever there is a person who is younger like under 25 or so it is seen that any arrest or prolonged arrest can be seen as damaging to the career of the person. So in those scenarios, the courts are a bit lenient with punishments and bail grants.
However, in the present matter of the Bulli Bai app, it can be said that the person is doing something that the aim of which is to harass women and is also a part of the hate speech because obviously, he is trying to do something that is against the society and against the communal values of a particular religion only and not every religion.
So here, as per an acquaintance who is a practicing lawyer “here the 153B of the IPC could come into the picture that states wherever you try to hurt a particular religion’s sentiments then you are responsible”.
It is not yet known if that has been applied in the FIR itself, but one cannot deny that this is a very grave offence in the IPC, that the Delhi courts don’t seem to be giving consideration to.
Even if you take the point of how cyber offences are hard to prove but in this case that won’t work since several reports have claimed him to be the developer of this particular app itself.
Thus, knowing he created this and even the Sulli Deals app and thus had the intention to do that and as per some sources he has committed other offences in the past, it can be said that he is a person who is not going to listen and one cannot show humanity who on the face of itself is against the communal values and sentiments of the society.
As per conversations online, certain people believe that from the legal perspective it is not okay to give such a bail, especially giving the grounds as humanitarian ground, since beyond that there are no valid grounds for the courts to take this decision.
Twitter is obviously extremely against this decision and is being very vocal about it on the platform too.
It truly doesn’t make any sense for the Delhi High Court to take this decision after having previously denied bail and considering the sensitive nature of the case itself.
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