Punjab-Haryana High Court
Xxxxx vs Xxxxx on 17 April, 2023
Neutral Citation No:=2023:PHHC:052854
CRM-M No. 14968 of 2023 -1- 2023:PHHC:052854
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
228
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CRM-M No. 14968 of 2023 Date of Decision : 17.4.2023 Imam Sab ..... Petitioner versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Anjum Ahmed, Advocate, for the petitioner Ms. Ankita Ahuja, AAG, Haryana
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TRIBHUVAN DAHIYA J. (ORAL):
This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.43 dated 29.6.2022 under Sections 66-C, 67-A of Information Technology Act, 2005 (Sections 354-D, 467, 468, 120-B and 204 IPC added later on) registered at Police Station Women, Gurugram.
2. The FIR was lodged on a statement by the complainant, statedly working as a Dermatologist, alleging that she received messages on her e-mail '[email protected]' on 16.6.2022, 18.6.2022 at about 7:47 p.m. and then got two more e-mails from the same e-mail address. These e-mails showed a message that there were comments on your profile and to see them, click the link. On clicking the link, it opened Facebook page of Rahul Pai, and that page contained a picture and highly vulgar comments on the complainant's profile. She reported the matter and registered a complaint with the Cyber Crime Police Station on 16.6.2022. On the same day, since morning whatsapp messages to all her contacts in the contact list were being sent, which contained morphed chats and videos. These messages were being sent from different mobile numbers.
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The complainant felt deeply hurt and mentally harassed, and requested for urgent action to be taken.
3. Learned counsel for the petitioner has contended that the petitioner is not named in the FIR, and he works as a freelancer on the UP-WORK, a U.S. based website, which allows the service provider to bid for the client's work and the clients are independent to accept the bid. Accordingly, the main accused Kriti Mittal selected the petitioner for website development for a sum of $2000 US Dollars. The petitioner completed the job for Kriti Mittal and only on her asking purchased the alleged domain 'mrs.indiaqueens.co.in' by providing his mobile number and e-mail id, as a normal practice. The accused transferred funds in his account through UP- WORK, which deducted its share as platform provider also. He has performed his duty as a professional, has nothing to do with the alleged morphed videos and chats as alleged by the complainant nor has he any connection with Rahul Pai. It has not been established who owns the Facebook page in the name of Rahul Pai. None of the mobile numbers alleged by the complainant belongs to the petitioner. It is further submitted that all the offences alleged, are triable by a Magistrate, and the petitioner is in custody since 26.12.2022, investigation of the case is already complete.
4. Learned State counsel, on instructions from ASI Anita, opposes the grant of bail on the ground that incriminating material in the form of down- loaded videos, contact details and CDRs of complainant's relatives, has been recovered from the petitioner's laptop. Chats between the petitioner and the main accused Kriti Mittal have also been found wherein picture of the complainant, which he allegedly morphed and misused by sending the same along with messages, is also there. All these have been sent for forensic 2 of 3 ::: Downloaded on - 19-04-2023 08:52:45 ::: Neutral Citation No:=2023:PHHC:052854 CRM-M No. 14968 of 2023 -3- 2023:PHHC:052854 examination and the report is awaited.
5. The submissions made by learned counsel for the parties have been considered. Undisputedly, the alleged incriminating material recovered from the petitioner has been sent for examination to the FSL. Its report is awaited. The extent of petitioner's involvement and his culpability, in these circumstances, is a matter of trial, which will take long time to conclude. As of now, investigation of the case is already over and nothing is to be recovered from him. He has no criminal antecedents. Confining him to custody any longer will not serve any useful purpose.
6. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate concerned.
(TRIBHUVAN DAHIYA)
JUDGE
17.4.2023
A w
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:052854
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