SUNIL AGGARWAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed under section 439 Cr.P.C. seeking regular bail in pursuance to FIR No.58/2020 registered at Police Station Crime Branch for the offences punishable under sections 506/509 IPC and section 67A of I.T. Act.

(2.) The case of applicant/petitioner is that he is an American Citizen and qualified Software Engineer by profession. He has worked in some of the world's biggest organizations on very senior positions. He has his roots in the society and is not a prior convict. He is a law abiding citizen of the country and is innocent.

(3.) Learned counsel for the petitioner submitted that the screenshot annexed by the complainant seems to have been taken by herself, thus, are tampered and forged with an intention to falsely implicate the applicant/petitioner. The IO has confirmed in his status report that he has taken a report from WhatsApp officials in which WhatsApp has only verified that the number belongs to the applicant. The applicant has never denied that the mobile number belongs to him. He is using this mobile number for the last 9 years. At the same time, WhatsApp has not verified that the alleged status was uploaded from the applicant mobile on 16.02.2020. So there is no admissible facts about the applicant posting the alleged WhatsApp status. Moreover, the WhatsApp status remains only for 24 hours and gets deleted automatically by the WhatsApp application thereafter.