In Balchand v. State of Rajasthan, Justice Krishna observed that bail is right and Jail is an exception which means bail should be given because the object is to present the accused during the trial and to present him whenever required not to detain him in lawful custody as a person can’t be punished unless proven guilty.
Bail is right in bailable offense under 436 of Code of Criminal Procedure and Bail is discretion of Court in non bailable offense under Section 437 of Code of Criminal Procedure and Anticipatory Bail under Section 438 of Code of criminal procedure.
So, what happens when a person send rape threats to a minor on social media. Is the person going to get Bail?
Is Bail a matter of right or discretion of the Court?
When a person is accused of sexual harrasment under section 354 A, defamation under section 500 and criminal intimidation under section 506 of Indian Penal Code then it is the discretion of the court whether the person is entitled to get bail?
Recently a man was accused of the aforementioned offences as he send rape threats to a minor daughter of respective Indian Cricket team member in social media.
He was also accused of provision under the Information Technology Act. He was arrested for using such language which caused threat to the minor and remained in Police Custody and thereafter, he was sent in judicial custody.
The Judicial Magistrate granted bail to that person and said that merely because any matter is connected with some respectable Indian Cricket team member, doesn’t mean bail will be rejected on that ground. However, Prosecution said that the objective of Bail is to secure the presence of accused during trial and the accused is from Hyderabad si may not turn up. So, the bail should be rejected.
