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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
Kabir Jitendra Tejwani – Appellant
Versus
State of Gujarat – Respondent
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 11th Std. on Telegram App at Crowdy Link channel having user name @crowdylinkk wherein there is a Txt Creator Bot
The gravity of allegations involving a minor necessitates custodial interrogation, and consent from a minor is irrelevant in cases of sexual exploitation.
The immateriality of consent in cases involving minors and the potential misuse of sensitive material influenced the court's decision to dismiss the anticipatory bail petition.
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
.
Anticipatory bail denied as the serious nature of allegations necessitates custodial interrogation, regardless of the delay in lodging the FIR.
Anticipatory bail in serious offences, particularly those involving minors, requires careful consideration of the allegations and the potential impact on the investigation.
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