MOHAMMAD ALI Vs. STATE OF U.P

JUDGEMENT

(1.) The present application under Sec. 438 of Cr.P.C. has been filed by the accused applicant seeking bail in anticipation of his imminent arrest in Case Crime No.448 of 2020 under sec. 67-A, 66-E of the Information Technology Act 2008 and Sec. 507 IPC, P.S. Thakurganj, District Lucknow.

(2.) The instant anticipatory bail application has been moved before this Court directly instead of approaching first to Sessions Court, Lucknow because on pandemic situation prevailing due to Covid 19, the work of Sessions Court Lucknow was badly hampered due to several deaths of the employees working in the judgeship.

(3.) The prosecution story, in brief is that the complainant have virtual acquaintance since past two years with the applicant on Facebook who is working in Mozambique Africa and she had Nikha through Facebook Call on 14/3/2019 which is recognized through the Shia Islamic Laws. When the applicant came back to India, she contacted the applicant and he denied to talk and blocked her mobile number and also from the Facebook. In January 2020, the applicant once again contacted the complainant and when the complainant requested him to take opinion of the Islamic Scholar to follow and abide the conditions of Nikah, the applicant threatened the complainant with dire consequences and blackmail her under the threat.