IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

208 CRM-M-322-2026 (O&M)

Decided on: 13.02.2026 SHIVALI @ SHIWALI …...Petitioner Versus STATE OF PUNJAB …...Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Kapil Khanna, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

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SUBHAS MEHLA, J. (Oral)

1. This is the first petition filed under Section 482 BNSS, 2023 seeking grant of anticipatory bail to the petitioner in case bearing FIR No.38 dated 03.03.2024 under Sections 66-D and 67-a of Information and Technology Act, 2008 and Sections 506 and 500 of IPC, 1860 registered at Police Station Division No.5, District Jalandhar.

2. The petitioner is alleged to have created a fake Instagram account in the complainant’s name, uploaded objectionable photos and videos, and used obscene language to defame her. The account allegedly portrayed the complainant as a prostitute and displayed the mobile number of one of her family members. It is further alleged that, through another fake Instagram ID, the petitioner admitted to running the account and demanded ₹5,00,000 from the complainant in exchange for deleting it.

2. Learned counsel for the petitioner contends that the petitioner has no role to play in the alleged offence. The aforesaid FIR has been lodged as a result of vendetta of her ex-husband namely, Sonu, and the complainant, Rinki who is ex-wife of petitioner’s husband. The husband of the petitioner is presently residing with the complainant i.e. his ex-wife. He misused her password and posted objectionable material pertaining to the complainant, and name of the petitioner has been projected to take revenge from the petitioner; the petitioner has clean antecedents & is ready to join the investigation.

3. Learned counsel for the State by way of filing of status report dated 20.01.2026 opposes the concession of bail to the petitioner and submitted that they have sufficient material in the form of electronic evidence regarding the complicity of the petitioner as preliminary inquiry has been conducted before the registration of the present FIR by the concerned Cyber Cell. Hence, prayed for dismissal of the bail petition.

5. Heard.

6. Recently, Hon’ble Apex Court in Srikant Upadhyay v. State of Bihar, 2024 INSC 202, has made the following observation with regard to concession of Anticipatory Bail:-

“We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule.….

While called upon to exercise the said power, the Court concerned has to be very cautious as the grant of interim protection or protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence.”

7. Without commenting on the merits of the case and keeping in view the allegations against the present petitioner, the rival contentions of learned counsel for parties and facts and circumstances of the present case, the allegations against the petitioner are serious in nature as she is involved in outraging the modesty of a woman by creating fake ID on social media and uploading objectionable content pertaining to the complaint. As per case of prosecution, they have sufficient evidence regarding the involvement of petitioner in the commission of alleged offence, as such, the petitioner is not entitled for grant of discretionary relief therefore, this Court does not find any merit to allow the present petition for grant of anticipatory bail to the petitioner and the same is hereby dismissed

8. Nothing observed herein shall be construed as an opinion on the merits of the main case.

(SUBHAS MEHLA)

JUDGE

13.02.2026 Sonia Puri