Rajasthan HC Grants Bail in Morphed Photo Case, Bars Accused from Social Media for Three Years

The Jodhpur bench granted bail to a 24-year-old accused of morphing a minor victim’s photograph and uploading it online, imposing a three-year social media ban as a condition of release.

The High Court of Judicature for Rajasthan at Jodhpur granted bail on 6 July 2026 to Tulsa Ram @ Tushar, a 24-year-old man accused of morphing the photograph of a minor victim and uploading it on social media. Justice Ashok Kumar Jain, sitting singly, allowed the bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), but attached an unusual condition: the accused must not use any social media platform — in his own name or any fictitious name — for three years. The condition carries teeth: a violation may prompt the trial court itself to recall the bail order.

The FIR and Charges

FIR No. 45/2026 was registered on 12 February 2026 at Police Station Bheem, District Rajsamand, following a complaint lodged by the mother of the minor victim on 11 February 2026. The alleged conduct spanned the period between 18 September 2025 and 16 October 2025.

Police investigated the matter and filed a charge-sheet under Section 77 of the Bharatiya Nyaya Sanhita (BNS) 2023, Section 11/12 of the POCSO Act, and Section 67A of the Information Technology Act. Tulsa Ram was arrested during the investigation on 11 October 2025 and had been lodged in District Jail Rajsamand. By the time the bail application was heard, he had been in custody since 2 April 2026.

The core allegation is that the accused prepared a morphed picture of the victim with the intent to defame her and uploaded it on social media platforms.

Arguments Before the Court

Mr. Vikram Singh Jaitawat, appearing for the applicant, argued that the accused had been falsely implicated and that investigation was complete, making further custody unnecessary. He submitted that there was no risk of the accused fleeing the court’s jurisdiction and that the accused was willing to cooperate with the trial.

Counsel also placed on record that Tulsa Ram was a young person who had a friendship with the victim. He offered an undertaking that the accused would refrain from using social media if the court found that he had misused it. Defence counsel characterised this as a case where “one opportunity may be given to him to correct himself.”

The Public Prosecutor, Mr. Narendra Kumar Gehlot, and counsel for the complainant, Mr. Awar Dan Ujjwal, opposed bail. They pointed out that the statement of the victim had already been recorded as PW-1 before the trial court and the complainant’s statement as PW-2.

How the Court Reasoned

Justice Jain took note of the statements of both the victim and her mother. The court recorded that the allegation — preparing a morphed picture to defame the victim — involved a direct misuse of an online platform.

Given that finding, the court held it appropriate to restrict the accused’s access to social media for at least three years, so that he may “learn a lesson not to misuse any online platform.” The court did not stop at a general caution; it specified named platforms including Facebook, Instagram, Threads, and Snapchat, and extended the restriction to use under any fictitious identity.

On the question of bail itself, the court weighed the period already spent in custody, the fact that trial proceedings were likely to take further time, and the circumstance that the statements of both the victim and the complainant had been recorded — reducing the prospect of witness influence. The court stated it was granting bail without expressing any opinion on the merits of the case.

Bail Conditions

The court directed that Tulsa Ram be released on a personal bond of ₹50,000 with two sureties of the same amount, to the satisfaction of the trial court. The following conditions were imposed:

• The accused shall not tamper with evidence or influence any witness.
• He shall not indulge in any criminal activity or repeat any criminal offence.
• He shall attend every hearing before the trial court on the dates fixed or as and when called.
• He shall submit an affidavit or undertaking before the trial court that he will not use any social media platform — including Facebook, Instagram, Threads, and Snapchat — for a period of three years, whether in his own name or any fictitious name. If found in breach, the trial court itself may recall the bail order.
• He shall not contact, directly or indirectly, the victim or any member of her family until disposal of the criminal case by the trial court.
• Breach of any of the above conditions will render the bail liable to cancellation.

The Registry was directed to transmit a copy of the order to the trial court by e-mail.

Outcome

S.B. Criminal Miscellaneous Bail Application No. 6927/2026 was allowed. Tulsa Ram @ Tushar, presently lodged in District Jail Rajsamand, is to be released on bail subject to furnishing the required bonds and sureties and complying with all conditions, including the three-year bar on social media use.