Pushkar Prabhakar Pingle v. State of Maharashtra
In the High Court of Bombay
B.A. 917/2022
Before Justice Anuja Prabhudessai
Decided on April 05, 2022

Relevancy of the Case: Bail application in a case involving rape allegations and blackmailing using the complainant’s private pictures

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Indian Penal Code, 1860 (Section 328, 354A, 354C, 376(2)(n), 504, 506, 509)

Relevant Facts of the Case

• The Andheri Police Station registered a case against the applicant for allegedly raping and molesting the prosecutrix.
• Moreover, using her private pictures, he blackmailed her to have a sexual relationship with him, otherwise he will publish her photos on the internet.

Opinion of the Bench

• The appellant and prosecutrix knew each other and had a business relationship. They also regularly met to indulge in physical relationships on multiple occasions.
• Sexual relationship between them was consensual. This FIR is a result of a business dispute between them.
• Hence, custodial interrogation is not necessary.

Final Decision

• The court allowed the bail application.