A Delhi Court on Monday granted bail to 'Bulli Bai' app creator Niraj Bishnoi and 'Sulli Deals' app creator Omkareshwar Thakur. The apps shared pictures of Muslim women, including well-known faces, for an online "auction".
However, both accused will continue to remain in Delhi's Tihar jail as they face charges in other connected cases as well.
The court considered that the accused are first time offenders and continued jail time would be detrimental to their overall wellbeing. It also considered the facts regarding the status of the chargesheet and the trial.
The Patiala House Court imposed strict conditions on the accused persons so that they cannot threaten any witness and tamper any evidence.
NDTV spoke to lawyers of both the accused after the bail order.
"It is being reported that the bail was granted purely on humanitarian grounds but that is not true. Many other factors were also considered. Court considered factors like-chargesheet has already filed and investigation has been completed.
"The Court considered the fact that forensic reports from digital platforms are still awaited and that electronic evidence cannot be tampered with, by the accused. Court said that trial is yet to begin with and may take time so there is point in accused suffering in jail endlessly. It will not serve any purpose," Aumkareshwar Thakur's lawyer Sahil Bhilaik told NDTV.
He added, "He is only an accused so far and the trial yet to take place. He is entitled to bail at this stage. Merely because the Police has arrested my client does not mean that he will be in jail forever. As per law one is presumed innocent until proven guilty. Delhi Police needs to find out who the real culprits are. The court is yet to decide whether my client is guilty or not and he is willing to co-operate with the investigation fully."
Mr Bhilaik added that his client faces charges in a Mumbai Court as well and they have moved a bail application there as well which will be heard on April 4. He said that they have filed a plea in Supreme Court as well seeking directions so that all the cases across India can be clubbed together and an in-depth investigation can be done properly.
"Delhi, Mumbai and Hyderabad Police have made different claims so far on who really is the main culprit in these cases. It's a cyber crime and all these police teams of various states are supposed to work in tandem but that is not happening. The trial is yet to begin and who is guilty to which extent is yet to be decided. But already narratives have been built across social media platforms and the accused have been declared guilty.
"A proper investigation is needed and due processes of law shall be followed. Until then it's completely wrong to declare anyone guilty. If in future he is acquitted then can all of this that is being said about him can it be erased? Will anyone take responsibility then?" Neeraj Bishnoi's lawyer L Ojha told NDTV.
His lawyer said they will be filing bail applications in the other cases.
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