ABHINAY VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Abhinay Verma, who is behind bars since 18/7/2021, has approached this court in the instant proceedings filed under Sec. 439 Cr.PC, for grant of regular bail, in case FIR No. 238/2021 dtd. 18/7/2021, registered at PS Balh, District Mandi, Himachal Pradesh, under Ss. 10 and 14 of the POCSO Act read with Sec. 67 of the IT Act.

(2.) Pursuant to order dtd. 24/9/2021, respondent-state has filed the status report. SI Rajesh Kumar, I/o P.S. Balh, District Mandi, is also present with the records. Records perused and returned. Close scrutiny of record/status report reveals that on 18/7/2021, mother of the victim-prosecutrix (name withheld), lodged a complaint at PS Balh, District Mandi, H.P., alleging therein that few months back, person namely Abhinay @ Anku i.e. present bail petitioner, had come in contact of her minor daughter. She alleged that aforesaid person wheedled her minor daughter and made her obscene video and thereafter, uploaded the same on social media. She alleged that for the last 8 to 10 days, obscene vide of the victim-prosecutrix allegedly made by the accused, is being shown and as such, appropriate action in accordance with law be taken against the accused. In the aforesaid background, as FIR detailed herein above, came to be lodged against the present bail petitioner on 18/7/2021 and since then, he is behind the bars. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner, he has approached this court in the instant proceedings for grant of regular bail.

(3.) Mr. Sudhir Bhatnagar, learned Additional Advocate General while fairly admitting factum with regard to filing of challan in the competent court of law, submits that though nothing remains to be recovered from the bail petitioner, but keeping in view the gravity of the offence alleged to have been committed by him, he does not deserve any leniency. Mr. Bhatnagar, further submits though evidence collected on record by the investigating agency reveals that bail petitioner took undue advantage of innocence of the victim-prosecutrix, who is minor and thereafter, without her consent uploaded her obscene video made by him in the social media, prayer having been made on his behalf for grant of bail, deserves outright rejection.