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Mumbai Court Denies Anticipatory Bail to Pune Man Over Objectionable Post Against CM Fadnavis

The court deemed custodial interrogation necessary, prompting approval of a request to seize his mobile phone to support the investigation.

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Overview

  • Santosh Darekar was booked by Mumbai’s cyber cell after BJP leader Yojna Thokle lodged a complaint accusing him of sharing an objectionable Facebook post about CM Devendra Fadnavis on May 23.
  • He faces charges under sections 197(1)(c) and 353(2) of the Bharatiya Nyaya Sanhita 2023 and Section 67 of the Information Technology Act.
  • Additional Sessions Judge Prashant Kale rejected his anticipatory bail plea on June 21, finding a prima facie case and the need for custodial questioning.
  • The prosecution argued that his mobile phone must be seized for technical analysis of the post’s metadata, a position the court upheld as “apparently genuine.”
  • Darekar has asserted he was falsely implicated, cited no criminal antecedents, and said he missed an earlier summons due to his mother’s illness.