The duty of the investigating agency to be aware of updated laws and the importance of verifying the contents of the FIR to ensure justice.

ORDER

S. K. Sahoo, J. - The petitioner Bikram Chhotaray has knocked the doors of this Court by way of filing this application under Section 438 Cr. P C. seeking anticipatory bail in connection with Bonai P.S. Case No. 66 of 2017 corresponding to G.R. Case No. 269 of 2017 pending in the Court of learned J.M.F.C., Sundargarh.

2. The police machinery swung into motion when the victim presented a first information report on 09.05.2017 before the Inspector in Charge, Bonai Police Station stating therein that she belonged to a middle class family and she came in contact with the petitioner since last three years through facebook. Initially both of them were talking with each other over phone but subsequently they developed love affair. They used to talk more and more over phone and the victim had told her family members about her affairs. After some days, the petitioner came to Bonai and met the victim. The victim was prosecuting her studies in a Government college in Rourkela and doing post graduation. The petitioner also came to Rourkela, met the victim and took her to a hotel for having some discussion. The petitioner gave assurance to the victim that he was doing a Government job and there would be no difficulty if they marry to each other. The petitioner took some photographs with the victim in the hotel room. Four to five times the petitioner met the victim in the hotel and used to take intimate photographs with her and kept physical relationship with the victim against her will and even took some indecent photographs with her. Since the petitioner was giving assurance of marriage to her, she was not disclosing about their meetings at Rourkela to her family members. For last few days, the victim came to realise that the petitioner was not of good character and she started suspecting him and ultimately denied for marriage with the petitioner. The petitioner being aggrieved started threatening to the victim that he had kept different photographs with him so also video and he would show it to others. The petitioner further threatened that in case the victim reports the matter to police, he would kill her. The victim tried to avoid talking with the petitioner by blocking his phone number and switching off her mobile phone but the petitioner tried to call the parents and brother of the victim for which they also put the phone number of the petitioner in the block list. The petitioner not only threatened the father of the victim by sending messages but also sent different threatening sms in whatsapp to the brother of the victim and his friends. The petitioner sent some obscene photographs of the victim in the mobile phone of the brother of the victim and his friends. He also sent such photographs of the victim to her friends. Two days prior to the lodging of the F.I.R., during the evening hours, the petitioner abused the father and brother of the victim in filthy language and also threatened to kill them. Over this issue, the health condition of the father of the victim became serious and the mental condition of the brother of the victim who was staying at Bangalore also got worsened. The victim gave different phone numbers which were used by the petitioner.

3. On the basis of such first information report, Bonai P S. Case No. 66 of 2017 was registered under Section 354, 506 and 507 of the Indian Penal Code and section 66-A of the Information and Technology Act, 2000 (hereafter 'I.T. Act, 2000').

4. During course of investigation, the statement of the victim under Section 161 Cr.P.C. was recorded and the copies of the sms forwarded by the petitioner to the mobile phones of the father and relatives of the victim were seized and other witnesses were also examined. The Investigating Officer submitted a letter to Superintendent of Police, Rourkela to move the telecom authority to provide the CDR, location and ownership of the mobile phones which were used by the petitioner from 01.02.2017 to 24.05.2017. After receiving the CDRs of the mo