In a striking order aimed at balancing personal liberty with the safety of a minor girl, the Rajasthan High Court has granted bail to a Bikaner man accused of sexually harassing and cyber stalking her, but with an unusual condition- he cannot use any social media platform, including Facebook and Instagram, for one year.

Justice Ashok Kumar Jain was hearing a criminal miscellaneous bail application filed by a man in connection with an FIR registered under Sections 78(2) (Stalking) and 79 (Word, gesture or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS) and Sections 11 and 12 of the POCSO Act.

“The petitioner is restrained from using all kind of social media platform like Instagram, Facebook, Snap Chat, Thread, Share Chat etc. for a period of one year and in case it is found that he is using any of the social media platform during said period of one year either in his name or in any fictitious name using his mobile/E-mail ID or a fictitious E-mail ID then the bail order shall be recalled,” the court said on May 21.

According to court records, the complaint was lodged on February 22 by the father of the minor girl, alleging that the accused had sexually harassed and stalked the victim between February 1 and February 20.

The FIR alleged repeated cyber harassment through social media and inappropriate communication.

The accused was arrested on February 24, and police later filed a chargesheet against him under provisions of the BNS and the Protection of Children from Sexual Offences (POCSO) Act.

During the hearing, counsel for the accused argued that the case was based primarily on oral allegations and that no substantial material had been produced to support the charges mentioned in the FIR.

The defence also told the court that the investigation was complete, the chargesheet had already been filed, and the accused was no longer required for custodial interrogation.

The petitioner further claimed he had been falsely implicated and assured the court that he would cooperate with the trial proceedings and would not repeat any offence.

Opposing the bail plea, advocate Mukul Krishna Vyas, counsel for the complainant and Lalit Kishor Sen, the public prosecutor, argued that the accused’s conduct had severely affected the victim’s mental peace.

The complainant’s lawyer submitted before the court that the accused, “with sexual intent,” had been harassing the victim in a manner that made it difficult for her to live normally and had “psychologically endangered” her life.

The court also took note of the fact that another criminal case under the BNS and Arms Act was already pending against the accused, though the defence pointed out that there were no other major criminal antecedents against him.

Despite the serious allegations, the high court observed that the accused had already spent a considerable period in custody and that the trial was likely to take time to conclude.

“Looking to the entirety of the facts and circumstances of the case, and without expressing any opinion on the merits thereof, this court deems it appropriate to grant bail,” the order stated.

The court directed the release of the accused on a personal bond of Rs 50,000 along with two sureties of the same amount.

The order comes at a time when courts across India are increasingly grappling with cases involving cyber stalking through social media online intimidation and digital harassment, particularly involving minors and women.

The decision reflects a growing judicial trend where courts are tailoring bail conditions to the nature of the alleged offence, especially in cases involving misuse of social media.

The ruling is also likely to spark debate on whether temporary digital restrictions including ban on using social media can become a more common condition in cases involving cyber harassment and stalking allegations.