Punit Singh @Punit Kumar Rakesh Kumar v. The State Of Maharashtra

rpa 1/3 34 aba 927 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.927 OF 2021 Punit Singh @ Punit Kumar Rakesh Kumar .. Applicant

Versus

State of Maharashtra .. Respondent ......

Mr.Shambhu M. Jha a/w. Kanai Biswas and Mr.Sandeep Dubey, Advocate for the Applicant.

Ms.Anamika Malhotra, APP for the Respondent - State. Mr.Pawan Supnar, PSI, Naya Nagar Police Station, Thane, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

APRIL 1st, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.367 of 2020, registered with Naya Nagar Police Station, Thane Rural, for the ofences punishable under Sections 354-A, 354-D, 504 and 506 of Indian Penal Code and Sections 14 and 12 of Protection of Children from Sexual Ofences Act as well as Section 67 of Information Technology Act. First Information Report ("FIR", for short) was registered on 2nd July, 2020. It is the case of the complainant/victim that, the accused was instrumental in opening

rpa 2/3 34 aba 927 2021.doc a fake Instagram account. He uploaded the photographs of the complainant and her friend with obscene caption below the photographs. The objectionable words are reproduced in the FIR. Contention of the applicant is that he is a young boy aged about 20 years. He was close friend of the complainant. The parents of the complainant were against the relationship. The applicant would not indulge in similar act in future. He is a student of computer course.

Learned APP submitted that the allegations are serious. The words used by te applicant below the photograph of the complainant and her friend are obscene, derogatory and insulting. No leniency should be shown to him. The applicant has not denied that he is not instrumental in uploading the photographs.

It is true that accused ought not to have indulged in such act. He is aged about 20 years having no criminal antecedents. He can be directed to appear before the investigating oficer and co-operate with the investigation without subjecting him to custodial interrogation.

Hence, I pass the following order:

rpa 3/3 34 aba 927 2021.doc :: O R D E R ::

(i) Anticipatory Bail Application No.927 of 2021, is allowed;

(ii) In the event of arrest of the applicant in connection with C.R.No.367 of 2020, registered with Naya Nagar Police Station, Thane Rural, the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) Applicant shall not cause harassment to the complainant and her friend in future. He shall not indulge in similar act. He shall keep himself away from the complainant and her friend. In the event it is found that the applicant has committed breach of this order, prosecution or the complainant is at liberty to prefer an application for cancellation of bail order passed by this Court;

(iv) Anticipatory Bail Application No.927 of 2021, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)