Order

0608aba378.21

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 378/2021.

Vinaykumar Tannulal Das.

-VERSUS-

State of Maharashtra through P.S.O. Beltarodi, Nagpur.

Office notes, Office Memoranda of

Coram, appearances, Court'

s orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

Shri E.S. Sahasrabuddhe, Advocate for the Applicant.

Shri A.M. Deshpande, A.P.P. for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : AUGUST 06, 2021.

Heard.

2.

In anticipation of arrest in Crime

No.319/2020 registered with the non-applicant –

Beltarodi Police Station, Nagpur for the offence

punishable under Sections 154D, 294, 500, 506[B]

of the Indian Penal Code and Sections 66(E), 66(C)

and 67 of the Information Technology Act, 2000.

3.

At the instance of the informant – lady

the aforesaid crime was registered. The applicant

has claimed protection by canvassing innocence

and false implication.

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4.

The non-applicant State has resisted bail

by contending that the applicant is continuously

harassing the victim lady through social media .

During the course of investigation it was found that

the applicant has prepared fake facebook account

in the name of the victim and circulated her

obscene pictures to victim as well as to her

relatives. He has pressurized the victim to meet

him by misusing social media.

5.

Perusal of the first information report

indicates that there was love affair between the

victim and the applicant. Long back in the year

2004, the victim got herself disconnected with the

applicant due to pressurizing tactics. Thereafter,

the applicant was continuously harassing her by

sending obscene messages. Though the victim has

blocked the applicants’ number, he used to call her

from various different numbers. The applicant has

also obtained phone number from the facebook

account of brother of the victim and tried to

pressurize her to meet him.

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6.

In past, the applicant had indulged into

similar activities, hence, at the instance of victim’s

complaint, he came to be arrested. However, the

applicant continued with his activities by every

possible mode. It is alleged that in the year 2020,

the applicant prepared various fake accounts on

the facebook in the name of the victim and send

friend request to relatives and friends of the victim.

He used to send obscene message and morphed

photos to the victim, her brother and other

relatives. Not only that the applicant has sent

obscene material to victims relatives, and to a

person with whom the victim was about to marry.

7.

Perusal of the case diary indicates that

there are bunch of printouts of obscene messages

and pictures sent by the applicant to the victim and

her relatives. It is specifically alleged that the

applicant has created fake facebook and various

instagram accounts in his name and used the same

to send obscene material to the victim. There are

statements of relatives of victim to whom the

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applicant has transmitted the obscene material by

way of social media.

8.

Pertinent to note that though earlier

crime of similar nature was pending, still the

applicant is allegedly harassing the victim. Prima

facie, there is strong material to indicate that the

applicant is using social media through different

electronic devices. Unless there is custodial

interrogation, the police cannot seize the electronic

material which was used by the applicant. The

investigation can be in various dimensions, so as to

find out as to how many fake accounts have been

created by the applicant and about his use of

international phone numbers for transmitting the

obscene material. In view of serious allegations

and need of custodial interrogation, this is not a fit

case to exercise judicial discretion. Criminal

Application is accordingly rejected.

9.

At this juncture, the learned Counsel for

the app