Ikbal v. State of Haryana
In the High Court of Punjab and Haryana
CRM-M 32578/2019
Before Justice Fateh Deep Singh
Decided on November 15, 2019

Relevancy of the case: Bail application in a case involving rape, filming of the act and blackmailing the victim

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Indian Penal Code, 1860 (Section 323, 384, 376D, 452, 506)
• The Code of Criminal procedure, 1973 (Section 438)

Relevant Facts of the Case

• The petitioners were accused of secretly entering the complainant’s house at night.
• The petitioners turn wise, raped the complainant, filmed the act, blackmailed, and grabbed money and other valuable articles which belonged to the complainant.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the accusations were falsely implicated as no evidence was procured from the petitioners. Also, the complainant was in a consensual physical relationship with one of the petitioners.

Opinion of the Bench

• The Court was of the view that the complainant is a mature married woman who by attesting the affidavit assures no objection towards the bail. The complainant also mentions that she registered the case on the account of a land dispute and party faction.

Final Decision

• Petition allowed.
• Bail granted.

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.