Facebook Post Against Dr. Babasaheb Ambedkar: Bombay High Court Grants Anticipatory Bail To Man, Directs IO To Block Account

The Bombay High Court last week granted bail to one Abdul Rahim Abdul Gani Ghadiyali booked for making a 'disrespectful' Facebook post on Dr Babasaheb Ambedkar.

The Court granted him protection from arrest noting the submission of APP that unless it is ascertained, whether it was a fake account of the applicant or not, it would not be appropriate to deny him the protection.

The Bench of Justice Sandeep K. Shinde, however, directed the Investigating Officer to take steps to block the Facebook account of the applicant to prevent further circulation of the objectionable post.

The complaint in the matter was made by a member of the scheduled caste community and consequently, an FIR against the applicant/accused was lodged at Mumbra Police Station for the offences punishable under Sections 295A of the Indian Penal Code, Section 67 of the Information Technology Act and Section 3(1)(v) of the Act of 1889.

Applicant-accused argued that he had been falsely implicated as he was an RTI activist and whistleblower. His counsel argued that some unknown person had created a Facebook account in his name and sent a post on his Facebook account.

Thus, he disowned the Facebook account and post, therefore, the Investigating Officer asked the Senior Inspector, Cyber Cell to verify the I.P. address and such other details and submit the report.

Against this backdrop, the APP submitted before the Court that a report was likely to be received within a month and thus, he did not oppose the grant of protection in favour of the applicant-accused. Therefore, granting him protection from arrest, the Court listed the application after a month i.e. on 25th October 2021. 

Lastly, the Court directed that in the event of arrest of the applicant in the instant case, he shall be released on bail on executing P.R. Bond in the sum of Rs.20,000/-

Case title - Abdul Rahim Abdul Gani Ghadiyali v. The State of Maharashtra and anr. 

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