Facts
The complainant alleged that, after meeting the applicant through Jeevansathi.com, he obtained personal information about her, threatened to circulate her private photographs and videos, demanded ₹20,00,000, threatened harm to her parents, and circulated nude images and videos of her on Instagram.
Source reference: para. 2The FIR was registered at Police Station Katara Hills, Bhopal, for offences under Sections 78, 79, 351(3) and 308(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 66A and 66E of the Information Technology Act, 2000.
Source reference: para. 2The applicant denied involvement, contending that the complainant had not sent him objectionable material, that his phone and other articles had been seized, and that no sufficient evidence connected him to the alleged acts.
Source reference: para. 3The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Source reference: para. 1Issues
Whether, having regard to the allegations and material available at that stage, the applicant should be granted anticipatory bail under Section 482 of the BNSS.
Source reference: paras. 1, 5Whether the seizure of the applicant’s mobile phone and other articles obviated the need for further investigation into his alleged role.
Source reference: paras. 4–5Law Applied
The application was considered under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the High Court or Court of Session to grant anticipatory bail.
Source reference: para. 1The alleged offences were under Sections 78, 79, 351(3) and 308(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 66A and 66E of the Information Technology Act, 2000.
Source reference: para. 2The Court’s stated considerations were the nature and gravity of the allegations and the requirements of a fair and effective investigation; it cited no precedent or further legal test.
Source reference: para. 5Reasoning
The Court treated the allegations of threats to circulate private material, the demand for ₹20,00,000, and the alleged circulation of objectionable content on Instagram as serious.
Source reference: para. 5It concluded that the applicant’s role and the circumstances of circulation required proper investigation.
Source reference: para. 5The seizure of his phone and other articles did not, by itself, rule out the need for further investigation.
Source reference: para. 5The applicant’s denials and arguments concerning the absence of direct evidence were matters to be assessed against the material collected during the investigation, and did not justify anticipatory bail at that stage.
Source reference: para. 5Holding
The Court declined to grant anticipatory bail, holding that the nature and gravity of the allegations and the requirements of a fair and effective investigation weighed against granting the relief at that stage.
The application was rejected.
Source reference: para. 6Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20234
Original Court PDF
Vishal PandeyvsThe State Of Madhya Pradesh
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