“Necessity of prolonged incarceration not made out”: Delhi Court grants bail to Sulli Deals app creator

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"Accused is a first-time offender and a young person as such prolonged incarceration would be detrimental to his overall wellbeing,” observed Delhi court while granting bail alleged creator of the app “Sulli Deals” on Github Neeraj Bishnoi.

The court also granted bail to Sulli Deals accused Aumkareshwar Thakur. It has reasoned in separate orders, but similar observations, that they are a first-time offenders, young persons and prolonged incarceration will be detrimental to their wellbeing.

On Thakur, the Magistrate Dr. Pankaj Sharma of Patiala House Court noted that he was languishing in jail since Jan 9, 2022 and that the investigation was complete and the chargesheet has already been filed in the case.

"The necessity of continued incarceration is not made out in the backdrop of filing of chargesheet," the court noted.

The court also said that the trial would take considerable time to conclude and no fruitful purpose would be served by keeping him detained any further.

The prosecution had opposed Thakur's bail as FSL result is awaited. It had shown apprehension that he may tamper evidence.

The Magistrate however said in the order that merely because replies from different intermediate and FSL results are pending, these were not sufficient reasons to deny bail as the accused was not in a position to influence the result of replies.

Thakur had sought bail stating that he was 25 years old and has no criminal antecedents. He also said he was falsely implicated and that he was arrested only based on the disclosure of co-accused Neeraj Bishnoi.

His plea also stated he was an IT professional and took care of his ailing mother, being a doting son.

Bishnoi's plea for bail had stated that he was 20 years old and was in custody for over 75 days since Jan 6.

It further stated that, he was pursuing his second year B. Tech course in Bhopal, but was now suspended. He too had claimed that he was framed. He had also stated that the trial would take considerable time and as a result he would suffer unbearable hardship if custody continues.

The prosecution had opposed his bail stating that he had he had designated the hate app not only to insult Muslim women, but also to create enmity between communities.