RAJBIR SEHRAWAT, J.

1. The present petition has been filed by the petitioner seeking anticipatory bail in case of FIR No. 241 dated 16.04.2018 under Sections 499, 354-D, IPC and 67-A of IT Act, registered at Police Station Surajkund, District Faridabad.

2. In the matter, the above said case was registered against the petitioner and some other persons for posting the obscene post regarding the complainant on the Facebook accounts of the persons, including the petitioner. The material as placed on the Facebook accounts and published in various sites is, as given below:

A. Shiv Kumar Mudgal- "Kal Faridabad se ek vidhayk ji Chandigarh me khoobsurat Mahila Adhyaksh ke saath Moj Masti Krte hue Dekhe Gye Hain. Ram re Ram".

B. Chander Shakher- "Sir Faridabad se BJP Women President Kaun Hai".

C. Shiv Kumar Mudgal- "Aapko Pta Hi Hoga Bhaishab".

C(i) Chander Shekher - "Na apko to pata hi nahi hai jaise Shiv Kumar Mudgal ji, apme dum nahi hai mai bolu".

D. Chander Shakher- "Ya to aap photo dal do nahi to mai dalta hu".

E. Sanjay Kapoor(City Mail)- "Khasit Charchao me vidhayk v Mahila Netri ki prem lila".

F. Naveen Gupta, (Metro Plus)- "Bhajpa Samrthit Vidhayk v hare Bhare Kshetr Ki Mahila Netri ki rangraliyo ne machaya tufan".

G. Naveen Dhamija, (Haryana Bhaskar. com)- "Vidhayak Dwara Rangraliyan manane ka mamla charchao me".

3. Since the above said allegations contained allegations of immorality against the complainant, alleging obscenity against her, therefore, the present FIR was lodged by the complainant against the accused persons, including the petitioner.

4. It is worth mentioning here that all other accused have since been taken into custody and released on regular bail. However, the petitioner has not so far joined the investigation. The petitioner had moved application for anticipatory bail before the Court of learned Additional Sessions Judge, Faridabad. But the same was dismissed by the Court below vide the order dated 14.06.2018. While dismissing the application for anticipatory bail filed by the petitioner the Court below has written as under:

"If such posts are read by a common man, he would straightway jump to the conclusion that comments posted on the news item refer to none other than Women President of Faridabad. The material is obscene in nature and therefore, ingredients of Section -67A of IT Act are present. It is not disputed that said face book post was uploaded by applicant".

5. Since the petitioner was not granted the concession of anticipatory bail by the court of Additional Sessions Judge, Faridabad, therefore, the present petition has been filed by the petitioner. While arguing the case learned counsel for the petitioner has submitted that the only role alleged against the petitioner is that he instigated his co-accused to put the picture of the complainant on the social networking website which is not an offence under any provision of the Indian Penal Code. Further, it is contended that the post, posted on the social networking site by the petitioner does not contain any content of obscenity, therefore, Section 67-A of the Information Technology Act 2000 is not attracted. Still further, it is contended by the counsel for the petitioner that Section 499 of the IPC alleged against the petitioner is bailable offence. In view of this, prayer for grant of anticipatory bail has been made.

6. On the other hand learned counsel appearing on behalf of the complainant has submitted that the petitioner has asserted in the Facebook post that he has the photograph of the complainant containing the contents of social conduct of the complainant, which he had dared to put on the social networking site while conversing with Shiv Kumar. Still further, it is submitted that the identity of the complainant was duly disclosed by the accused; including the petitioner; because the petitioner himself had referred to the President of women wing of Bhartiya Janata Party, Faridabad. It is submitted that there is only one President o