Mere Celebration Of Bail On Social Media No Ground For Cancellation Without Threat To Complainant: Delhi High Court

The Delhi High Court has observed that mere celebration of bail by an accused or his associates on social media is no ground for cancellation of such a relief, without there being specific threat to the complainant.

While refusing to cancel bail of an accused in a house trespass case, Justice Ravinder Dudeja said:

“The argument that the accused or his associates celebrated their release on bail by uploading the videos and status messages on social media platform cannot be the ground for cancellation of bail without there being any specific threat or intimidation extended to the complainant.”

The complainant, Zafeer Alam, sought cancellation of bail granted to the accused, Manish, in a case registered for the offences under Section 436 (mischief by fire or explosive substance), 457 (house trespass or house breaking at night), 380 (theft in dwelling house) and 34 (common intention) of the Indian Penal Code, 1860.

While granting the accused bail, the trial court had imposed conditions on him, including that he shall not threaten the prosecution witnesses in any manner or tamper with the evidence or indulge in any other criminal activity in future.

It was the complainant's case that the accused violated the bail conditions. It was alleged that the accused and his co-accused created an atmosphere of fear in the colony, issued threats to the complainant by posting pictures with weapons, continuously intimidated the her and her family with knives and other deadly weapons.

It was also claimed that the accused and his henchmen celebrated their release on bail by uploading their videos and status messages on social media, flaunting lethal weapons and issuing veiled threats to the complainant in brazen disregard for the rule of law.

Dismissing the plea, the Court observed that rejection of bail in a non-bailable case at an initial stage and cancellation of bail already granted have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted, it said.

The Court said that it was not visible from the screenshots of the photographs as to whether they were posted by the accused with a view to intimidate the complainant.

It added that the bail cannot be cancelled merely because one of the co-accused was witnessed in front of the residence of the complainant.

“Admittedly, no complaint has been made to the police regarding any threats having been extended by respondent No. 2. In the absence of any complaint being made to the police, the allegations of threat are not substantiated. Therefore, that being so, there is no material on record to substantiate the allegations of threats extended by respondent No. 2. The Court thus finds no justified reason for cancellation of bail of respondent No. 2.”

Title: ZAFEER ALAM v. STATE NCT OF DELHI AND ANR

Citation: 2025 LiveLaw (Del) 1252

Click here to read order