Ramchandra Sadanand Nadar v. State of Maharashtra
In the High Court of Bombay
B.A. 1591/2016
Before Justice A.S. Gadkari
Decided on August 24, 2016

Relevancy of the case: Relationship between bail application and seizure of mobile device used in filming the incident

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376)

Relevant Facts of the Case

• The applicant is seeking bail in crime number 91/2016.
• The applicant committed the offence as contemplated under Section 376 of the Indian Penal Code, 1860 and also recorded the incident on his mobile phone.
• By threatening the victim to display the recording, he sexually exploited her.

Opinion of the Bench

• The investigation agency has seized the mobile device during the investigation. However, the investigation agency is still waiting for the mobile phone’s forensic report.

Final Decision

• Application is allowed and the bail is granted.