The gravity of allegations involving a minor necessitates custodial interrogation, and consent from a minor is irrelevant in cases of sexual exploitation.

ORDER :

Registry to accept vakalatnama of learned advocate Mr. Salman S. Khan, who has instructions to appear for the original complainant.

1. RULE. Learned APP and learned advocate Mr. Salman S. Khan waive service of notice of rule on behalf of the respondent Nos.1 and 2 respectively.

2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being CR No.11191067240173 of 2024 registered with Cyber Crime Police Station, Crime Branch, Ahmedabad City for the offences under Sections 67, 67(a) of the Information Technology Act, 2000 (for short “IT Act”) and sections 12 and 14 of the Protection of Children from Sexual Offences Act (for short “POCSO Act”).

3. The case of the complainant in the FIR is to the effect that the complainant was informed by her niece that someone has uploaded obscene video of the victim i.e. daughter of the complainant who is aged 16 years 9 months and studying in 11^th Std. on Telegram App at Crowdy Link channel having user name @crowdylinkk wherein there is a Txt Creator Bot having username @txtcratorbot having link https://t.me/txtcratorbot?start=Z2VOLTEwOTU5NDgyMDAyMTE2MTQ and on opening the said link, the complainant could see obscene video of her daughter and when the complainant asked the victim about the same, she said that she had willingly recorded the said video but did not share the same to anyone. In this regard, the complaint came to be filed.

4. Learned advocate for the applicant submits that the applicant is not named in the FIR however, on 18.12.2024, the applicant was taken to police station in police jeep and seized the i-phone 11 of the applicant without any seizure memo. Further, the applicant after being beaten up in the police station to confess, was allowed to go home. Thus, the applicant has cooperated in investigation and even his mobile phone from which alleged obscene material was uploaded or forwarded has already been seized and therefore, now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation of the applicant at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. It is submitted that present applicant is a student pursuing his studies. There is no allegation worth the name against the present applicant and it is alleged that someone has uploaded obscene video of the daughter of the complainant on Telgram App and in this regard complaint is filed. Hence, he has finally requested to consider the case of the applicant as no custodial interrogation is required. Learned advocate for the applicant has submitted that she is ready and willing to join the investigation. In view of the above, he has requested to grant anticipatory bail to the applicant.

5. Learned Additional Public Prosecutor appearing on behalf of the respondent No.1 – State and learned advocate Mr. Salman S. Khan appearing for respondent No.2 – original complainant have opposed the present application seeking anticipatory bail on the ground that offence is against a minor girl and considering the severity of the offence and allegations levelled against the applicant as offence is serious in nature, custodial interrogation is required. Further, the applicant lured the victim to create an obscene video of the victim and send it to Instagram account of the applicant having ID: kabir.tejwani and thereafter, the applicant opened the said video on his mobile and through the mobile of co-accused Saumya Rakeshbhai Thakkar recorded the said obscene video and then shared to his mobile through airdrop and then deleted the recording of video from the mobile of co-accused namely Saumya Thakkar. Thereafter, the applicant uploaded the said obscene video on Crowdy Link channel on Telegram App, having username @cro