Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

BA1 No.923 of 2025

Hon’ble Alok Mahra, J.

Mr. Kurban Ali and Ms. Lubhna

Jahan, Advocates for the applicant.

Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarahand.

2. This first bail application has been moved by the applicant seeking regular bail in Case Crime No.02 of 2025, under Sections 77, 351 (2)(3), 69 B.N.S., 2023 and Section 66 (c) of I.T. Act, registered at Police Thana Kotwali Kotdwar, District

Pauri Garhwal.

3. According to the averments contained in the First Information Report, it is alleged that the applicant created two fictitious Instagram accounts in the name of the complainant and, by operating the said accounts, demanded money from her. It is further alleged that the applicant criminally intimidated the complainant by extending threats of doing away her brother and also solicited from her certain obscene photographs

along with a photograph of her mother.

4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case and has no criminal antecedents. It is submitted that the applicant has been languishing in judicial custody for a considerable period. Learned counsel further submits that the First Information Report was lodged on 23.03.2025 and, upon conclusion of the investigation, it has emerged that there exists only one

Instagram account of the complainant, and no obscene or objectionable photographs of the complainant were ever uploaded by the applicant. On the contrary, it is the complainant herself who had posted two photographs with the applicant on her Instagram account, which are normal in nature and neither vulgar nor indecent. It is further submitted that both the applicant and the complainant are major and were in a consensual relationship; however, owing to the pressure exerted by the complainant’s brothers and family members, their relationship could not culminate into marriage, which ultimately led to the lodging of the present F.I.R. He submits that in case, the applicant is granted bail, he will not misuse the same and will furnish the bail surety as per the satisfaction of this Court.

5. On the previous date of hearing, the Co-ordinate Bench of this Court had directed the learned State Counsel to obtain specific instructions as to whether any obscene photograph of the complainant had been recovered from the aforesaid Instagram I.D. Today, upon written instructions received from the Inspector In-Charge, Kotwali Kotdwar, District Pauri Garhwal, the learned State Counsel submits that no witness has been found to substantiate the allegation of transmission or circulation of any obscene photograph of the complainant.

6. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at