NISSAR MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 361/2021, Police Station Raipur, District Pali, registered for the offences punishable under Ss. 500, 384 of IPC and under Sec. 67-A of Information and Technology Act.

(2.) Learned counsel for the petitioner stated that prosecutrix 'S' was engaged with the accused-petitioner but due to some dispute, their engagement broke and it could not be converted into marriage; accused-petitioner has wrongly been implicated for the offence punishable under Ss. 500, 384 of IPC and under Sec. 67-A of Information and Technology Act; accused-petitioner is behind the bars since 23/9/2021; no investigation and recovery is pending against the accused-petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

(3.) Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application and stated that some obscene photographs of nude ladies as well as obscene photographs of prosecutrix 'S' were uploaded by the accused- petitioner on instagram I'd of the prosecutrix 'S'. He further stated that looking to the allegations made against the accused- petitioner and photographs, bail may not be granted to the accused-petitioner.