ABA-727-21 group.doc

BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 727 OF 2021

SUVOJIT CHOWDHURY

….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

WITH

ANTICIPATORY BAIL APPLICATION NO. 834 OF 2021

SHERLYN CHOPRA

….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

WITH

ANTICIPATORY BAIL APPLICATION NO. 1319 OF 2021

POONAM SHOBHANATH PANDEY

….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

WITH

ANTICIPATORY BAIL APPLICATION NO. 1937 OF 2021

UMESH GANPAT KAMAT

….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

WITH

ANTICIPATORY BAIL APPLICATION NO. 1926 OF 2021

RIPU SUDAN BALKISHAN KUNDRA

….APPLICANT

ALIAS RAJ KUNDRA

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

1/11

BHARAT

DASHARATH

PANDIT

Digitally signed

by BHARAT

DASHARATH

PANDIT

Date: 2021.12.21

17:00:08 +0530

ABA-727-21 group.doc

WITH

ANTICIPATORY BAIL APPLICATION NO. 2157 OF 2021

SAM AHMED BOMBAY S/O AKHLAQ AHMED….APPLICANT

V/s.

THE STATE OF MAHARASHTRA

…..RESPONDENT

----

Mr. Shon Gadgil Advocate for the applicant in ABA 727/2021.

Mr. Suhail Shariff a/w Ms. Kriya Jain, Mr. Sameer Shariff, Mr. Mannat

Sinha Ms. Swati Jathar & Mr. Zoheb Merchant i/b Falcon Legal

Advocate for the applicant in ABA 834/2021.

Mr. Sudeep Pasbola a/w Mr. Ayush Pasbola i/b Manisha B. Pandya for

the applicant in ABA Nos. 1319/2021 and 2157/2021.

Mr. Sudatta J. Patil for the applicant in ABA 1937/2021

Mr. Shirish Gupte Senior Advocate a/w Mr. Swapnil Ambure and

Deepak Patel i/b Prasanna Patil for the applicant in ABA 1926/2021

Mrs. Rutuja Ambekar APP for the State

PSI Mr Ravikant Bhandari, Nodal Cyber Police Station, Mah. Cyber,

Mumbai, present.

----

CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 25, 2021

P.C.:-

1]

In all these Applications, Applicants/Accused are seeking

protection from arrest in Crime No. 02 of 2020 registered with Nodal

Cyber Police Station for the offence punishable under Sections 292 of

the IPC, under Sections 67 and 67A of the Information Technology Act,

2000 and under Sections 3 and 4 of Indecent Women Representation

Act, 1986.

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ABA-727-21 group.doc

2]

The offence is claimed to have been committed from

28/10/2020 till the date of registration. A public spirited person Mr.

Madhukar Keni lodged a complaint, alleging that websites

broadcasting/exhibiting indecent video, audio files having lascivious,

lustful, offensive sexual desire messages and videos are openly

available through internet The various Over-The-Top (For short

“OTT”) Platforms viz. Hotshots, Alt Balaji, Kooku, Primeflix,

Flizmovies, Banana Prime were named as involved in the aforesaid

offence resulting into above offence being registered. The aforesaid

OTT Platforms, for the purpose of illegal financial gains and to get

benefit through mobile applications, have made available the said

obscene material to the general public.

3]

Applicant/Accused Suvojit Chowdhury in ABA No.727 of 2021 is

the owner of OTT Platform “Banana Prime” which, on demand,

broadcasts short movies, web series, music videos etc. The said Firm

of which he is a proprietor has streamed web series “Prem Paglami”

4]

Applicant/Accused Poonam Pandey in ABA No.1319 of 2021 is

alleged to have acted in the vulgar video films. Similarly,

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ABA-727-21 group.doc

Applicant/Accused Sherlyn Chopra in ABA No.834 of 2021 is alleged

to have been acted in obscene video clips which are made available on

website www.xvideos.com and www.pornhub.com. It is also claimed

that these Applicants through paid OTT Platforms have indulged in

live indecent chatting and videography.

5]

Applicant/Accused Sam Ahmed Bombay in ABA No.2157 of

2021 is claimed to be the husband of co-accused Poonam Pandey

referred to above. He claims that he has no concern whatsoever in the

alleged offence in question. The material found against him is that of

causing nude photograph of models etc and selling the same to OTT

Platf