Bail may be granted in cases of social media misuse/morphed images if the investigation is complete, key witness statements are recorded, and the accused accepts a restrictive condition prohibiting social media usage for a specified period.

Order

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Tulsa Ram @ Tushar S/o Pancha Ram seeking bail in respect of a criminal case registered as FIR No.45/2026 dated 12.02.2026 registered at Police Station Bheem, District Rajsamand, for the offence under Section 77 of BNS, 2023.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant-accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned counsel for the applicant submits that the only allegation against the applicant-accused is that he has morphed picture of victim and further uploaded it on social media. He also submitted that present applicant-accused is in custody since 02.04.2026 and the applicant-accused undertake not to use social media if this Hon’ble Court is of the opinion that applicant-accused has misused the social media. He also submitted that the applicant-accused is a young person having friendship with victim but one opportunity may be given to him to correct himself.

4. Aforesaid contentions were opposed by learned counsel for complainant and learned Public Prosecutor and he submitted that the statement of victim has already been recorded as PW-1 before the trial Court.

5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. On basis of a report dated 11.02.2026 lodged by PW-2 (mother of minor victim) FIR No. 45/2026 was registered under Section 77 of BNS at P.S. Bheem, District Rajsamand for incident between 18.09.2025 to 16.10.2025. During investigation the police has arrested present applicant-accused on 11.10.2025 and after investigation has filed a charge-sheet under Section 77 of BNS, Section 11/12 of POCSO Act and Section 67A of IT Act. The statement of victim has been recorded as PW-1 whereas statement of complainant has been recorded as PW-2.

7. We have considered the statement of victim and also of her mother. The allegation on present applicant-accused is to prepare a morphed picture so as to defame victim. The applicant-accused has misused the social media, therefore, it is appropriate to restrict use of social media at least for three years so that he may learn a lesson not to misuse any online platform. The statement of victim and complainant has already been recorded, therefore, there is no chance of any influence.

8. This Court also finds that the applicant-accused has remained in custody for a considerable period of time and that the trial/proceedings are likely to take further time to conclude. Therefore, looking to the entirety of the facts and circumstances of the case and without expressing any opinion on the merits thereof, this Court deems it appropriate to grant bail to the applicant-accused.

9. Thus, the instant bail application filed on behalf of applicant-accused Tulsa Ram @ Tushar S/o Pancha Ram, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not