Dewashish Haldar v. State of Chhattisgarh
In the High Court of Chhattisgarh
MCRC 1174/2020
Before Justice Prashant Kumar Mishra
Decided on March 23, 2020

Relevancy of the case: Bail application in a case involving forcible sexual intercourse, recording of the act, and subsequent publication

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 67A)
• The Indian Penal Code, 1860 (Section 376, 376(2)(n), 376(2)(j), 506B)
• The Code of Criminal Procedure, 1973 (Section 439)
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3(1)(b), 3(2)(v))

Relevant Facts of the Case

• The parties started having an intimate relationship when the petitioner was a supervisor and the complainant’s relatives were among the workers on the same construction site.
• Later, the petitioner allegedly forced the complainant into having sexual intercourse and they stayed together for one day.
• After one month, they stayed together for two more days. Subsequently, the complainant was subjected to forcible sexual intercourse. The petitioner also obtained her nude pictures and videos.
• The petitioner published the pictures and videos on the internet after the complainant refused to continue their relationship.

Opinion of the Bench

• The Court observed that, as the complainant had attained majority at the time of the incident and the petitioner has been in jail for over six months, bail can be granted.

Final Decision

• Application 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.