Rajesh Jiwan Bhai Bharwad v. State of Himachal Pradesh
In the High Court of Himachal Pradesh
Crl. MP(M) 1587/2019
Before Justice Chander Bhusan Barowalia
Decided on September 05, 2019

Relevancy of the case: Application for bail in a case involving the circulation of obscene MMS and photographs

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 67A)
• The Indian Penal Code, 1860 (Section 509)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The police received two emails from the prosecutrix. First, containing an attachment of a screenshot that the petitioner had shared an obscene video that had received numerous comments and shares.
• The second email contained a complaint about making viral a fake MMS and photograph on WhatsApp and Facebook.
• The prosecutrix alleged that her photo is attached with the obscene MMS.
• The statements of the prosecutrix and witnesses were recorded, the Facebook ID of the petitioner was procured, and the involvement of one Kashmir Singh was discovered.
• The investigation suggests that the petitioner and Kashmir Singh were involved in circulating the obscene MMS.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the petitioner is innocent and has been falsely implicated. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. Hence, bail should be granted.
• The respondent’s counsel argued that it is a serious offence, where the image of two ladies is tarnished, and the petitioner is the kingpin. As the petitioner is a resident of Gujarat, he may tamper with the prosecution evidence and may also flee from justice in the case at this stage he is enlarged on bail. Hence, the petitioner should not be released on bail.

Opinion of the Bench

• The Court was of the view that there are chances that the petitioner may tamper with the prosecution evidence and flee from justice as he resides in Gujarat. The court also observed that it is clear that the petitioner is the main head of this offence as per the investigation and overall evidence on record.

Final Decision

• Petition dismissed.
• Bail application rejected.

This case summary has been prepared by Shubhangi Gehlot, an undergraduate student at Law Faculty, Maharaja Sayajirao University of Baroda, during her internship with The Cyber Blog India in May/June 2021.