AFSAR ALI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks anticipatory bail in case FIR No. 213/2024 of PS Lodhi Colony for offence under Sec. 67B of Information Technology Act.

(2.) I have heard learned counsel for accused/applicant as well as learned APP for the State assisted by IO/Inspector Parveen.

(3.) Broadly speaking, the allegations against the accused/applicant are as follows. CyberTipline Report was received that a child pornographic video file was shared over Facebook Messenger Service on 29/5/2023 from a Facebook account with username "Law Faraday" with the Facebook account username Abeer Tiwari; and that the said video file of 2 minutes 13 seconds depicts an adult lady indulging in explicit sexual act with a male child. The Facebook account Law Faraday was found associated with a mobile phone number, which stood issued in the name of the present accused/applicant. In the course of investigation, the IO also collected the relevant records pertaining to the second mobile phone associated with the Facebook account of Abeer Tiwari from the concerned Telecom Service Provider and the same was found to be registered in the name of Dinesh Tiwari. In the course of further investigation, one Nitin Tiwari, son of Dinesh Tiwari disclosed having opened the Facebook Messenger account in the name of Abeer Tiwari. In further investigation, the accused/applicant admitted his mobile phone number on which the Facebook account of Law Faraday had been opened in the year 2019, but he denied any acquaintance with Nitin Tiwari, though the latter had stated otherwise. Further, on being called upon to produce the device with which he had opened and was accessing the Facebook account on 29/5/2023, the accused/applicant stated that the same had been disposed of.