MUMBAI: A Mumbai Magistrate’s Court has rejected the bail request of 19-year-old Akash Suyal, accused of making offensive comments against women and a particular community on the Clubhouse app, observing that he it is an offense against all women.
On chat rooms created on the Clubhouse app, participants reportedly made derogatory statements about women and talked about the auctioning off of their body parts. Suyal, an upper secondary school (HSC), used an ID “Kira XD”, who was the moderator of two groups. Based on a woman’s complaint, Cyber Cell Police filed a case on January 19 and police arrested Akash Suyal, Jaishnav Kakkar, 20, and Yash Parashar, 22, from Haryana January 22.
Rejecting his bail plea, the court said: ‘The offense is not committed against any individual. It is an offense against all women. Therefore, if the accused is released on bail when the investigation is ongoing, it will create obstacles in the investigations. »
While Kakkar and Parashar were released on bail by the Metropolitan Magistrate Court in Bandra, Suyal’s bail plea was rejected, after which he approached the Court of Sessions. The Court of Sessions on Tuesday denied his request for bail.
Extra Sessions Judge Sanjashree J Gharat, in the detailed order which became available on Saturday, observed that Suyal used defamatory and derogatory language about femininity. Additionally, during the investigation, it is also revealed that two of the defendant’s IDs on the Clubhouse were terminated by the app for breach of terms by the defendant.
Suyal applied for bail arguing that he was falsely involved in the case. His lawyer argued that the interrogation was already over and he was in custody. He is a young boy going to university, wrongful custody will ruin his educational career and his future, the lawyer said, adding that there was no chance of tampering with evidence.
The prosecution opposed the bail request through the assistant prosecutor, Kalpana Hire, arguing that the defendant could tamper with evidence. If released on bail, it will create obstacles to further investigation and arrest of the co-defendant. The issue is sensitive with regard to defamatory statements against femininity. Suyal created several chat IDs on Clubhouse app and opened discussion and made defamatory statements against women.
The case was registered against the accused under Sections 153(A) of the Indian Penal Code (IPC) (promoting enmity between different groups on grounds of religion, race, place of birth, residence , language, etc.), 195 (A) (threatening a person to give false testimony), 354 (A) (sexual harassment), 354 (D) (harassment), 509 (word, gesture or act intended to insult modesty of a woman), 500 (defamation) and article 67 of the computer law.