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FPJ Legal | Rape threat to cricketer's daughter: ‘Merely because matter is connected with some respectable cricketer, bail cannot be rejected’, rules court

07:00 AM Nov 26, 2021 | Bhavna Uchil

A magistrate court that recently granted bail to a 23-year-old arrested for an online rape threat to a cricketer’s 10-month-old daughter, has said in its detailed order that the accused is of tender age, has a bright academic record and future prospects and merely because the matter is connected with some respectable Indian cricket team member, the prayer (for bail) cannot be rejected.

Advocate Abhijeet Desai appearing for the youth, had argued that the post cannot be considered in isolation as it was posted while replying to some other messages. Magistrate Komalsing Rajput said in his order that if we perused the record and considered the remarks posted the phraseology used in its natural course, it appears that it is made in context of some other posts and may not be directly addressed to the cricketer or this family, even though as social media accounts are interconnected it might have been read or received by them. This aspect, for the limited purpose of bail cannot be ignored, the court said.

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Regarding the provisions of the Information Technology Act under which Ramnagesh Akubathini is charged, the court said that a plain reading of the provision shows that there should be publishing or transmitting of material showing children in sexually explicit act. He has not transmitted or published any material showing child involving in sexually explicit act. “Therefore there is doubt whether any of these offences are made out or not?” the magistrate stated.

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The court further said that majority of the offences are bailable, the probe related to him is over and possibility of tampering is nil. It considered that the youth has no criminal antecedents and that the law pertaining to bail is well settled, bail is a rule and jail is an exception. The magistrate said that pre-trial detention will definitely not be justifiable.

Also Read: FPJ Legal: Bombay HC upholds death penalty of man who raped, killed 3-year-old in 2013

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