Bhupendra Patel v. State of Chhattisgarh
In the High Court of Chhattisgarh
B.A. 255/2023
Before Justice Deepak Kumar Tiwari
Decided on April 13, 2023

Relevancy of the case: Anticipatory bail application in a case involving uploading of obscene videos of women and children on Instagram

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67B)
• The Protection of Children from Sexual Offences Act, 2012 (Section 14)

Relevant Facts of the Case

• The police had registered an FIR against the applicant based on inputs received from NCRB, New Delhi.
• According to the FIR, the applicant has uploaded obscene videos of women and children on Instagram.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the applicant is a young boy aged about 27 years and has no criminal past. An arrest could ruin his entire career. There is no chance of absconding with the prosecution evidence as it has already been collected, and the applicant is ready to cooperate and join the investigation.
• The respondent’s counsel submitted that the police has collected necessary evidence, and custodial interrogation is not required.

Opinion of the Bench

• The bench observed that the police registered the case after 2 years of the incident.
• The court showed an inclination to release the applicant on anticipatory bail.

Final Decision

• The bench granted the anticipatory bail application.