Jaanam Porwal vs State Of Madhya Pradesh

This is first application under section 439 Cr.P.C seeking bail in connection with Crime No.180/2019 registered at Police Station State Cyber Cell,

Bhopal, Zone Indore for the offence punishable under sections 43, 66, 67, 67-A of the IT Act and under section 506 of the IPC.

As per the prosecution case on 19.09.2019 an FIR was registered against the applicant by Ms.X alleging that on 19.01.2019 the present applicant sent

certain obscene pictures on her mobile and started blackmailing her that if she does not obey his commands he would upload those pictures in the

social media. On the basis of the said FIR, Police conducted investigation and arrested him for the offence punishable under the IT Act. Against the

applicant two more FIRs have been registered (i) Crime No.784/2018 in the Police Station, Kaashi Meera, district Thane on 16.12.2018 under section

66(C) of the IT Act and under section 11(iv) of the POCSO Act & (ii) Crime No.63/2019 for the charges under section 354D, 500, 509 of IPC and

section 43, 66, 67-A of the IT Act & section 12of the POCSO Act at P.S. Vakola.

Learned counsel for the applicant submits that applicant has been enlarged on bail by the Special Court (POCSO Act) in Bombay vide order dated

29.05.2019 and all the 3 offences were said to have been committed within a period of 40 days and since January, 2019 he has not committed any

offence. He is a young boy aged about 22 years and he is in custody since 13.11.2019. The investigation is complete and Challan has been filed and

the further custody of the applicant is not required in the matter. If the applicant is kept in jail along with the company of hard criminals for long period

his future will be spoiled, hence prays for release of the applicant on bail.

Shri Yadav, learned Govt. Advocate submits that the applicant has not only blackmailed Ms.X but uploaded her obscene pictures in the social media

and tarnished her image. The Superintendent of Police (Cyber Cell) has received a letter from the Police Station Thane (Maharashtra) about the

registration of a criminal case against the applicant in which his custody is required.

Keeping in view the fact that all the 3 offences were said to have been committed within a period of 40 days and thereafter no case has been

registered against him and in one of the case he has been enlarged on bail by the Special Court (POCSO Act) and in this case investigation is

complete and Challan has been filed and the conclusion of trial will likely to take time, without commenting on the merit of the case, the application is

allowed subject to the following conditions:

(i) the applicant shall furnish a personal bond in the sum of Rs.1,00,000/- (rupees one lakh) with two sureties of the like amount (out of which one local

surety) to the satisfaction of the trial Court for his regular appearance before the trial court during trial with a condition that he shall remain present

before the court concerned during trial.

(ii) after release the applicant shall immediately surrender before the Police Station Kaashi Meera, district Thane in connection with Crime

No.784/2018. The Cyber Cell, Indore is directed to send the date of release of the applicant to the PS Kaashi Meera, Thane.

(iii) the applicant shall not commit any offence of like nature in future and shall not make any threat to the complainant in Crime No.180/2019 or will

not visit the area where she is residing.

(iv) the applicant shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

C.c as per rules.