Order On Board

23.03.2022 This application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.185/2020 registered at Police Station Kotwali, District Raipur for the offence punishable under Section 509 (B) IPC and 67 (A) of Information and Technology Act.

2. Prosecution story, in brief, is that the complainant/prosecutrix made a written complaint in Police Station Kotwali, Raipur that she is a social worker and got acquainted with the applicant through Facebook on 08.03.2020 and the applicant with intent to cheat her developed intimacy with her and on the pretext of marrying her and fraudulently obtained her objectionable pictures through Whatsapp. He also had her talk with his parents and the applicant’s father projected himself to be a police office of Delhi Police Department. Later on, applicant obtained Rs.1300/- and Rs.2500/- from her and also started sending obscene videos and pictures in her mobile despite her objection. He has also offered the prosecutrix for making porn videos and demanded Rs.25,000/-, when the prosecutrix refused to give the said amount, he abused her filthily, gave her threatening of life as also of defaming her in the society by making her obscene pictures viral through social media plateforms. It is also alleged that on 04.07.2020 the applicant posted her forged obscene pictures on Facebook. Based on the above report, the offences have been registered under the aforesaid sections, and the applicant apprehending his arrest filed this anticipatory bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. Counsel further submits that both were befriended through Facebook in March, 2020 and since then communication started. On 27.06.2020 some persons made a call to the applicant’s father and demanded Rs.1.50 lacs in the account of the complainant or else they would be implicated the applicant in a false case. Applicant’s father also made a written complaint to the Commissioner of Police, Delhi on 29.06.2020 which is annexed with the petition. It is further submitted that upon enquiry it reveals that the complainant is a 34 years old divorced woman and having 14 years old daughter. Further, the complainant also demanded Rs.15 lacs and making threatening calls through her associates. One another complaint was also made by the applicant’s father on 18.07.2020 to the Cyber Crime Department informing the illegal activities of the complainant by making various facebook IDs and blackmailing the innocent persons by implicating them in a planned manner. Learned counsel further submits that the applicant has permanent disability to the extent of 63% and he is affected with Post Polio Residual Paralysis. In support the bail petition, disability certificate and various supported documents have also been annexed. Learned senior counsel submits that the applicant is a reputed person therefore considering all these aspects he may be granted anticipatory bail. Counsel submits that the applicant would abide by all terms and conditions imposed on him while granting bail.

4. Per contra, learned State counsel opposes the prayer for bail. On putting specific query to learned State counsel that whether any obscene videos or pictures have been uploaded on Facebook or social media which is shown to general public in any manner, learned State counsel fairly submits that till so far no such type of evidence has been collected.

Replying to the submission of learned State counsel, learned Senior counsel submits that such type of evidence can easily get through the Facebook app but the complainant while lodging the FIR not provided the same and as she has also made many fake IDs in the Facebook therefore, the same cannot be relied upon, at this stage.

5. Considering the submission made by learned counsel for the parties, facts and circumstance