The Allahabad HC while rejecting a bail application observed that the technology is being misused to commit the offence, particularly against the women.
Brief Facts of the Case
- The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.444 of 2020 under Sections 386 and 354A IPC and Section 66-C of Information Technology Act, Police Station Shahbad, District Hardoi.
- As per the allegations in the FIR, the prosecutrix was studying in a school, where the accused-applicant was also studying.
- The accused-applicant obtained the mobile number of the prosecutrix and started sending dirty and obscene messages to the prosecutrix.
- He hacked her Instagram and snap-chat etc. He had sent obscene and objectionable messages from the Instagram and snap-chat of the prosecutrix to other students/boys.
- He was pressurizing the prosecutrix to lodge the case against the family members by dialling 1090. When the prosecutrix refused to do so, he asked her to bring Rs.2 Lakhs, otherwise, he would kill her younger brother in an accident.
- He also threatened her to make viral the footage, audio and video of the prosecutrix and, if the information was given to the police, the entire family would be killed.
- The prosecutrix in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case and reiterated the allegations made in the FIR.
Observation made by the Court while passing the Order
- There is a rise in crime of this nature in society. The technology is being misused to commit the offence, particularly against the women. The accused-applicant is accused of destroying and disrupting young life. He has been threatening and blackmailing the prosecutrix.
- Considering the heinousness of the offence and the involvement of the accused-applicant, I do not find any ground to release the accused applicant on bail at this stage when the trial is yet to commence and the prosecutrix is yet to be examined in the case. In view thereof, the present bail application is rejected at this stage.
Case:- BAIL No. – 7289 of 2020
Applicant:- Afroz Khan
Opposite Party:- State Of U.P. & Anr.
Coram:- Hon’ble Justice Dinesh Kumar Singh