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Judgment
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner has been arrested in FIR No.97/2020 of Police Station Kudi Bhagtasni, District Jodhpur for the offences punishable under Section 354-
D(2) IPC and Sections 67, 67A IT Act, 2008. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the so called obscene
messages and photographs were not sent by the petitioner to the complainant and other persons. It is also submitted that the petitioner is in judicial
custody since long, therefore, he may be enlarged on bail.
Per contra, learned Public Prosecutor has opposed the bail application and submitted that the petitioner is harassing the complainant and the minor girls
and their parents by sending obscene messages as well as photographs to them. It is also submitted that the mobile-phone, from which the obscene
messages and photographs were sent contains the SIM issued in the name of the petitioner. It is further submitted that the action of the petitioner is
deplorable as he is sending obscene messages as well as nude morphed photographs to the complainant and others without there being any fault of
them. Learned Public Prosecutor has, therefore, submitted that the petitioner is not entitled to be enlarged on bail.
Having regard to the totality of the facts and circumstances of the case and after going through the case diary wherein the police has collected the
evidence regarding the involvement of the petitioner in commission of crime, without expressing any opinion on the merits of the case, I am not
inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.