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The court made such observations in an anticipatory bail application arising from an FIR registered for stalking and criminal intimidation.
While granting anticipatory bail to a man accused of sending threatening messages to a woman, Madhya Pradesh High Court expressed concern that a man who sent “depraved or perverted messages on social media” was charged under bailable offences in the absence of specific category of such offences to discourage “defiant offenders”.
Justice Subodh Abhiyankar observed: “It is rather unfortunate that the person who has threatened the victim by sending such depraved or perverted messages on social media is still charged under the offences which are bailable in nature, as no specific category of such offences has been made by the Legislature in its wisdom to discourage such defiant offenders, and the victims of such offences who are women only and mostly young girls, are often left with nothing but a sense of foreboding, with no protection from the State or the Courts”.
The court made such observations in an anticipatory bail application arising from an FIR registered for stalking and criminal intimidation. According to the prosecution, the applicant/accused and the complainant/victim were engaged six years ago, but the engagement was later called off. It was alleged that following the breakup, the accused began harassing the victim ‘by posting undesirable posts on Instagram’.
The accused had allegedly posted: “Even if you get married, I will ruin your marriage. This is my promise to you and I am firm on my promise. I want you to file a case against me…You think that you will be able to live peacefully after leaving me, this is not possible. Hey, I will have to go to jail only, I will go for 10 days maximum, then what… and I will not let you get married, no matter what consequences I have to face.”
The victim claimed that she tried to get married to someone else, but the threatening message of the accused led to the cancellation of that engagement as well. The victim, in her statements under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, also claimed that she stopped attending her college due to the nature of these messages.