Nitesh Chauhan v. State of Punjab
In the High Court of Punjab & Haryana
CRM M 22047/2017
Before Justice Jaishree Thakur
Decided on July 03, 2018

Relevancy of the case: Anticipatory bail application for sending objectionable messages over a mobile phone.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66A, 67)
• The Indian Penal Code, 1860 (Section 354, 509)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The petitioner was harassing the complainant and her family members by sending objectionable messages over the phone.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the petitioner would assist in the ongoing investigation.
• The respondent’s counsel submitted that the petitioner used 3-4 SIM cards to harass the complainant. However, he has submitted only one of the SIM cards.

Opinion of the Bench

• Post multiple interim orders, the petitioner has joined and assisted in the investigation and a challan against him was submitted.

Final Decision

• Application allowed, subject to bail conditions.

This case summary has been prepared by Nandini Gadgil, an undergraduate student at DES Shri Navalmal Firodia Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.