Akbar vs State Of Rajasthan, Through Pp

Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor through video conferencing.

Learned counsel for the accused-petitioner submitted that the alleged incident against the accused-petitioner, does not involve him in the crime, as the

message of child pornography was not generated by him on his mobile No.9667332107.

Learned counsel further submitted that the only allegation against the accused-petitioner, is of forwarding the said message on Whatsapp.

Learned counsel submitted that after realising the omission on petitioner’s part of forwarding the message, the accusedpetitioner immediately

deleted the message from Whatsapp and further also, apologized.

Learned counsel further submitted that after investigation, the Police filed charge sheet and it has nowhere found that Whatsapp message, was

generated on the mobile phone of the accused-petitioner.

Learned counsel submitted that as far as two other cases pending against the accused-petitioner under the Arms Act and Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act are concerned, the accused-petitioner has already been released on bail.

Learned counsel further submitted that alleged offences against the petitioner, have maximum punishment of five years.

Learned counsel further submitted that the accusedpetitioner is not required further for any purposes by the Authorities.

Learned counsel submitted that the accused-petitioner is in custody since 1st February, 2020.

Learned Public Prosecutor has opposed the bail application.

Learned Public Prosecutor submitted that the accusedpetitioner has prima facie forwarded the message relating to child pornography and further he

has two more cases pending against him and considering the antecedents against the accusedpetitioner, he may not be enlarged on bail.

Considering the contention raised by learned counsel for the accused-petitioner as well as taking into account the facts and circumstances of the case

and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Akbar S/o Rehmat Ali shall

be enlarged on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety of alike amount to the satisfaction of learned trial

Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.