Coercion and exploitation override consent in trafficking cases under IPC.

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1. Applicant seeks pre-arrest bail in connection w ith the C rim e No. 1097/2021 dated 30th July, 2021 registered w ith M alw ani Police Station, M alad at the instance, of adult-victim , under Sections 3 54-C , 292, 293, 420 and 34 of Indian Penal C ode, 1860; Section 6 6-E , 67, 67- A, of Inform ation Technology Act and Sections 2 , 3, 4, 6 and 7 of Indecent Representation of W om en’s Act. Later, crim e w as transferred for investigation to DC B C ID bearing, C rim e No. 64 / 2021.

2. Prosecution case in brief is that, victim w as taken to shooting locations of W eb-series and forced to go sem i nude for the shoot. She w as threatened that if she does not w ork for them , they w ill m ake a clip of her go viral. Victim ’s com plaint suggests that in M arch, 2020, she being a sm all tim e artist w as lured by giving her a break in som e w eb and short film under the nam e ‘M y First Practical’ and w ould be released on O TT platform . It cam e to light, in investigation that, actor w as called for audition and w as asked to give bold scene, w hich later turned out to be sem i nude or scenes, w hich w ere against the w ishes of the victim . She w as black m ailed w ith fake contracts. Applicant allegedly m ade short film ‘M y First Practical’ and uploaded on Nueflix app, for consideration. Victim w ould allege that the Applicant forced her to perform intim ate scenes w ith tw o persons at a tim e, in sem i nude state. W hereafter she w as paid Rs. 7000/- and in Novem ber, 2020, Applicant uploaded the film ‘M y First Practical’ on the m obile app i.e. Nueflix.

3. Pending application, prosecution has prosecuted the Applicant of an offence punishable under Section 3 70 of the Indian Penal C ode.

4. Learned C ounsel for the Applicant w ould subm it that in C rim e No. 103/2021 (first crim e for short) dated 5th January, 2021 registered w ith M alw ani Police Station, she w as arrested on 6th February, 2021. This crim e w as registered by Police Sub Inspector. Police got a secret tip regarding shooting of pornographic m aterials in a rented bunglow at M adh, M alad. Police acted on the tip and found one lady Yasm een Rasul Baig Khan @ Row a w as shooting the content. She used to upload these videos on app ‘HotHits M ovies App’. Police alleged that Applicant herein w as friend of Yasm een and also used to shoot such obscene videos and upload these on various apps and w ebsites for consideration/ subscription /charges. Thus, alleged that the Applicant and Yasm een @ Row a indulged into shooting of pornographic m aterial and uploading the content on Hothits M ovies, Hotprim e App, and other various App. Pending investigation in C rim e No. 103/2021 (first crim e), a second crim e; being C rim e No. 123/2021 w as registered on 11th February, 2021. In this crim e, another victim , w ould alleged that she got acquainted w ith Applicant through her friend Naresh, w ho told her that she w ould get Rs. 10,000/- to shoot a w eb series. Naresh took her to M adh, M alad to shoot w eb series. Applicant herein, w as directing that series. Victim w as told to perform a intim ate scene w ith four m en. W hen she denied to perform , Applicant allegedly threatened her and forced to p