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2004 Supreme(Del) 1196

VIKRAMAJIT SEN
AVNISH BAJAJ – Appellant
Versus
STATE (N. C. T. )OF DELHI – Respondent


Advocates Appeared:
ANURAG RAJAN, ARUN JAITLEY, DINESH MATHUR, M.N.Dudeja, MUKTA GUPTA, RAJIV TALVAR, RISHI BHATNAGAR, SHUSHIL BAJAJ, Sudhir Sharma, V.K.Malik, VARUN PAREEK, VIJAY SARDNI

Vikramajit Sen, J.

( 1 ) ALLOWED, subject to all just exceptions.

( 2 ) THE accused is the CEO of Baaze. Com, which Company facilitates the sale of any property, for which it receives commission and also generates revenue from advertisements carried on its web pages. There is no gainsaying that it does not own the items offered for sale, the payment and delivery of which can be via a wholly independent agency. In the present case, Counsel for the State has argued that the accused was remiss, at the pain of culpability, in not stopping payment through Banking channels after learning of the illegal nature of the transaction. This prima facie indicates that, at the present stage of investigation the sale consideration was not routed through the accused. It is also not the case of the prosecution that the actual recording was viewable on the website. She, however, contends that the Item s description "dps Girl having fun should have raised alarm.

( 3 ) IT has been strenuously contended that if bail is not granted it will adversely impact e-commerce, for which India may be the eventual loser. These are not considerations which would prevail or tamper the Courts decision whether to gran









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