Fightergirl 20 October 2018

misconduct of accused after bail

FIR lodge against ex -employer u/s 354 , 506,509 and IT act of 66E , 67.The accused in on bail rigthnow and matter is pending for framing of charges before session courts .Accused person
has updated his official website alo
ng with the office address recently however he has uploaded one of my official group picture without my consent in which i am standing next to him( normal pic ,attending seminar).What should i do now.Can this is a mental harrassment and accused is misusing his bail liberty?Any merit in bail cancellation with this ground or can we directly show this act to the session judge because if in case bail cancellation procedure take place he will immediately delete that.Can the hon'ble court take the cognizence directly if they find any relevance can cancel the bail of accused person.
Kindly help what can be done in this situation.

Reply Follow

10 Replies

Fightergirl 20 October 2018

No Sir , actually i am the complainant because of privacy reasons i have not mention my name.Case is pending before Saket Court.I have not hired any lawyer yet since its a State case.

Fightergirl 20 October 2018

No Sir , actually i am the complainant because of privacy reasons i have not mention my name.Case is pending before Saket Court.I have not hired any lawyer yet since its a State case.

Fightergirl 20 October 2018

i tried to contact the designated IO to seek help earlier in one of the instances here the accused was interfering in my different matter via third person but the IO didn't show any interest and when i requested him to atleast contact him once accused didn't ans his call and IO just replied he is not responding that's it.The reason that why i have placed this query is to ensure what can be done best because iif there is any merit for bail cancellation i would not like to alert accused at all because he can easily remove the picture.The FIR lodge already under IT act of section 67 , 66E and again the harrassment has started that's why i am worried and placed the query.I hope sir that i get some assistance from the respected lawyers of LCI.

Sudheendra (Social worker ) 20 October 2018

Take a screenshot of the webpage in which the accused has posted your group picture/ the picture which offends you.

During the trial you can certainly bring up this matter to the attention of the court by seeking injuction order against any such mischiveous activities by the accused.

This does not make up for a valid reason to cancel his bail though unless he goes about posting pictures of only you both or any of your pictures without your permission.

Though you have mentioned that it is a State Case, still contact a good advocate in person with all the case related details and seek his/her guidance.

Fightergirl 20 October 2018

@Sudheendra Sir : Thank you so much sir for the reply.My concern is since already IT act matter is pending on n him under 67 and 66 E and his phone is seized and has sent to FSL already. Again he uploaded picture does it is not a violation of privacy and he has done it intentionally when entire website has been changed.He has also shared the copy of chargesheet with one of my friend to harrass and humilate me.
Repeating same activity or offense after bail grantl is a ground for cancellation in this case or not?

Sudheendra (Social worker ) 20 October 2018

"Repeating same activity or offense after bail grantl is a ground for cancellation in this case or not?"
If that was a condition while granting bail, you may bring the issue to the attention of the court for cancellation of bail.

Before doing so, collect all evidences (as in my previous reply) and collect evidence about how he has shared that information "He has also shared the copy of chargesheet with one of my friend to harrass and humilate me." Also if that friend of yours can testify the same in court should be a great help in getting the bail cancelled of the accused.

It is best that after collecting all the evidences you visit an advocate to seek guidance on whether the details you have gathered can be used as a valid evidence in the court.

Fightergirl 20 October 2018

@Sudheendra : Thank you so much 🙏

N.K.Assumi (Advocate) 21 October 2018

With due respect to the experts opinion, I may state that cancellation of bail is more difficult than granting bail, as cancellation of bail has to be on available solid firm grounds. I don't see any offence in uploading nornal picture of seminar as the same can be done by other who attended the seminar or maybe even upload the whole events of the seminar in youtube etc.

Fightergirl 21 October 2018

@N.K.Assumi Sir , the picture was uploaded by the accused only on website since the accused has booked under offense of 67IT act and again he has violated right of my privacy when such a serious charge is on him.Evidence of obscene content has been already seized by the police from accused.

N.K.Assumi (Advocate) 22 October 2018

Obscenity is the sine quanon for that provisions and you said that it was a normal picture. Just because a man is booked under some penal provisions all his activities should be highjack by the State. If you are aggrieved by that act, certainly you are at liberty to slam another case against him and be arrested in spite of going through the rituals of cancellations of his bail.