Whatsapp Admin Can Land in Jail for Members Post

A bail application was recently filed before the Justice Siddharth of the Allahabad High Court. Applicant is Whatsapp Admin of a Group. He is charged for post of a member.

The appellant was arrested under Sections 384 IPC & 66D of the IT Act and had sought bail.

Admin of Whatsapp Group

As per the FIR, the Applicant was the admin of a Whatsapp group in which allegations were made against the informants.

It was alleged that the informants were members of a gang that was engaged in child theft. 

FIR alleges that due to this the reputation of the informants has maligned. Being, admin of the Whatsapp Group he should be held responsible.

What Applicant Said?

Counsel for the informants argued the informant has no criminal history. He is languishing in Jail since 30.07.2020.

Reasoning and Decision of the Court

The Allahabad High Court held that due to the larger mandate of Article 21 of the Constitution and observations of the Supreme Court in Dataram Singh vs State of UP (a person is innocent until proven guilty), the Applicant should be released on bail.

Case Details:-

Title: Anshu Malan vs the State of UP

Case No.  CRIMINAL MISC. BAIL APPLICATION No. – 33001 of 2020

Date of Order:12.10.2020

Coram: Hon’ble Justice Siddharth

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