JUDGMENT :- Heard the learned counsel Mrs. S. S. Jadhav for the Applicant and the learned APP. Mr. M. L. Dharashive, for the Respondent-State.

2. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

3. The Applicant's application i.e. Bail Petition No.292 of 2006, filed in the Court of the learned Sessions Judge at Aurangabad, is rejected by the Additional Sessions Judge, Aurangabad by order dated March 22nd, 2006.

4. The Applicant is a student of Jawaharlal Nehru Engineering College at Aurangabad. The Applicant is studying in 3rd year of Mechanical Engineering. Father of the Applicant is Sectional Engineer in Irrigation Department of the State Government. The Applicant is the only son. Father of the Applicant has purchased a mobile hand set of Nokia Make No.6681 on 5-3-2006.

5. FIR in the present case, is lodged by Anwar Khan Aziz Khan Pathan, Police Sub-Inspector, Crime Detection Branch at Aurangabad. According to the informant, the in-charge Police Station Officer of Osmanpura Police Station Mr. K. D. Chate, had received an information that the students of Jawaharlal Nehru Engineering College at Aurangabad, were transmitting obscene photographs of one girl student from the said college. This act of transmission of obscene photographs was, in session at Sant Eknath Rang Mandir, Osmanpura. According to the information received, the obscene matter was stored in a mobile hand set and with the help of blue tooth function, being circulated/transmitted to friends. On account of this publication and transmission of the obscene material, girl student was being defamed. On receipt of this information and for verification of the said information, informant, accompanied by Police Head Constable Bakkal No.1658 Mr. Khadke, Police Constable Bakkal No.2128 and some other Police Officers, panch witness reached on the spot. Parking their vehicle at Sant Eknath Rang Mandir all of them have apprehended two students, who were in front of Om Optical Shop at about 8.00 p.m. on 6-3-2006.

After apprehending, the two students, first informant, and Police party came to know that one of them was Mr. Hanoj s/o. Khushis Mehta, about 20 years old resident of Bombay and another student was Mr. Nikhil Ramesh Racheti, r/o. Jawahar Nagar, Aurangabad (present Applicant). Mobile hand set possessed by both the students were inspected in the presence of the Panch-witnesses. Mobile hand set of Nokia make bearing No.6681, was in the possession of Mr. Hanoj Mehta. In this Mobile hand set, blue tooth facility, was available. This mobile hand set also contained obscene picture image of boy student and girl student. In the gallery function of this mobile hand set, some other obscene photographs of male and female, were also found. Mr. Nikhil Racheti, the present Applicant was possessing mobile hand set of Nokia make No.6230 i, model. Mr. Hanoj Mehta, on enquiry, informed the Police SubInspector, that he is having a girl friend Oliviency Santoshkumar Marbenyang from Shillong, State of Meghalaya, studying in lawaharlal Nehru Engineering College at Aurangabad. Mr. Hanoj Mehta and his girl friend Oliviency prior to three months, were in a hotel, namely 'Bargar Point', situated in Cannaught Place, Aurangabad. At that time, he had caused the shooting of their obscene acts, in his mobile hand set. Shooting which was caused by Mr. Hanoj Mehta, was caused with the help of hand set of Mr. Nikhil, i.e. the present Applicant and it was also loaded in the Computer of Mr. Hanoj Mehta. Both the students, alongwith their Mobile hand sets, were taken to the Police Station in the presence of the Panch witnesses. With the help of Police station computer, obscene picture, which was in the mobile hand set of Mr. Hanoj Mehta, was stored in a computer disk. The other pictures, in gallery function of Mr. Hanoj Mehta's hand set, remained in the said mobile hand set of Mr. Hanoj Mehta. It is also alleged that on 6-3-2006, Mr. Hanoj Mehta and Nikhil Racheti, i.e. the pre

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