NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail to the petitioner in case FIR No.274 dated 20.9.2012, registered at Police Station Sadar, Jalandhar, under Sections 420 IPC and 66-A, 67-A of the Information Technology Act.

(2.) Briefly stated, allegations against the petitioner, as mentioned in the FIR, are to the effect that when the complainant, in order to earn his livelihood, had gone abroad, in his absence, the accused, after intimidating his wife, entangled her in his love affair and usurped the entire hard earned money and took nude photographs of the wife of the complainant, made blue films and uploaded the same on the internet. The complainant was told of same by some unidentified person. It is alleged that the blue films are picturized with a police man and could be seen on the internet. It is also mentioned in the FIR that the complainant himself has seen the photographs on the internet and seen how the man was committing rape with his wife. The policeman has left the motorcycle at the house of the complainant and eloped with his wife and gave threats to the complainant that if he would take any action, he would cause harm to the complainant.

(3.) On the basis of these allegations, investigation has been conducted by the Assistant Commissioner of Police. Allegedly, as per the investigation, charge with regard to kidnapping and getting the services of the petitioner for appointing the son of the complainant, have been found to be incorrect.