Nazakat Ali v. State of H.P.
In the High Court of Himachal Pradesh
Cr. MP (M) 1638/2015
Before Justice P.S. Rana
Decided on December 10, 2015
Relevancy of the case: Anticipatory bail application in a case involving the distribution of MMS and absurd photos in public
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 66E, 67A)
- The Code of Criminal Procedure, 1973 (Section 173, 438)
Relevant Facts of the Case
- The petitioner and complainant were neighbours. The complainant developed relations with an individual known to both, petitioner and complainant.
- The police report filed by the complainant stated that the petitioner had fixed a camera and prepared an MMS video of her with the individual.
- The petitioner’s wife blackmailed the complainant and when her demands were not met, she distributed the CD containing the video and the absurd photographs in the general public.
Prominent Arguments by the Advocates
- The petitioner’s counsel pleaded that the petitioner is innocent and has been falsely implicated. It was further pleaded that the petitioner will abide by the conditions imposed by the Court and hence, requested acceptance of bail application.
- The respondent’s counsel argued that there are heinous allegations against the petitioner. If anticipatory bail is granted, the petitioner will induce and threaten the prosecution witnesses.
Opinion of the Bench
- Considering the fact that the investigation is still in the initial stage, it was not expedient in the ends of justice to grant anticipatory bail to the petitioner. If anticipatory bail is granted, the interest of the State and general public, and the investigation of the case will be adversely affected.
- Anticipatory bail is rejected. All pending applications are disposed of.
This case summary has been prepared by Ria Verma, an undergraduate student at Symbiosis Law School, Noida, during her internship with The Cyber Blog India in January/February 2021.