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2021 DIGILAW 1990 (RAJ)

Nissar Mohd v. State of Rajasthan

2021-10-21

DEVENDRA KACHHAWAHA

body2021
JUDGMENT The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 361/2021, Police Station Raipur, District Pali, registered for the offences punishable under Sections 500, 384 of IPC and under Section 67-A of Information & Technology Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner stated that prosecutrix 'S' was engaged with the accused-petitioner but due to some dispute, their engagement broke and it could not be converted into marriage; accused-petitioner has wrongly been implicated for the offence punishable under Sections 500, 384 of IPC and under Section 67-A of Information & Technology Act; accused-petitioner is behind the bars since 23.09.2021; no investigation and recovery is pending against the accused-petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application and stated that some obscene photographs of nude ladies as well as obscene photographs of prosecutrix 'S' were uploaded by the accused- petitioner on instagram I'd of the prosecutrix 'S'. He further stated that looking to the allegations made against the accused- petitioner and photographs, bail may not be granted to the accused-petitioner. Having regard to the facts and circumstances of the case, particularly looking to the photographs available in investigating diary, therefore, without expressing any opinion on the merits/demerits of the case, I do not find it a fit case for grant of bail under Section 439 Cr.P.C. to the petitioner at this stage. Accordingly, the present bail application preferred on behalf of the accused-petitioner under Section 439 Cr.P.C. is rejected.