The Rajasthan High Court has granted bail to an accused in a criminal case involving allegations of uploading a morphed photograph of a minor on social media. While allowing the bail plea, the Court imposed an unusual condition requiring the accused to stay away from all social media platforms for three years, observing that such misuse of online platforms should not be repeated.
Background of the Case
The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). According to the prosecution, an FIR was registered at Police Station Bheem, Rajsamand, following a complaint alleging that a morphed image of the victim had been uploaded on social media. After investigation, a charge sheet was filed under the Bharatiya Nyaya Sanhita (BNS), the POCSO Act and the Information Technology Act. The victim and the complainant had already been examined before the trial court.
Counsel for the applicant argued that the investigation had been completed, the accused had remained in custody for a considerable period, and there was no likelihood of influencing witnesses. It was also submitted that the applicant was willing to refrain from using social media if directed by the Court.
Court's Observation
Justice Ashok Kumar Jain noted that the allegation against the applicant was limited to preparing and uploading a morphed photograph on social media. Since the statements of the victim and the complainant had already been recorded, the Court found that the possibility of influencing witnesses was minimal.
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The Court observed,
"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 Court also clarified that it was granting bail without expressing any opinion on the merits of the case, considering the period of custody and the likely time required for completion of the trial.
Decision
The High Court allowed the bail application and directed the applicant's release on furnishing a personal bond of ₹50,000 with two sureties of the same amount. Besides the usual bail conditions, the Court directed the applicant to file an undertaking before the trial court that he would not use any social media platform, including Facebook, Instagram, Threads or Snapchat, for three years.
The order also restrains him from contacting the victim or the victim's family during the pendency of the trial, with violation of the conditions making the bail liable to cancellation.
Case Details
Case Title: Tulsa Ram @ Tushar v. State of Rajasthan
Case Number: S.B. Criminal Miscellaneous Bail Application No. 6927/2026
Judge: Justice Ashok Kumar Jain
Decision Date: 06 July 2026
