Bombay High Court
Vritika Jay Talreja vs The State Of Maharashtra And Anr on 3 December, 2020
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION (ST) NO.2132 OF 2020
Vritika Jay Talreja .... Applicant
Versus
1.The State of Maharashtra
2.The Inspector of Police
Malad Police Station .... Respondents
WITH
INTERVENTION APPLICATION ST. NO.5639 OF 2020
Mr. Parag S/o. Arun Binani ...Applicant
In the matter between
Vritika Jay Talreja .... Applicant
Versus
1.The State of Maharashtra
2.The Inspector of Police
Malad Police Station .... Respondents
______
Mr. Rishi Bhuta a/w. Ashish Dubey i/b. Ujjwal S. Gandhi for
Applicant.
Mr. S. R. Agarkar, APP for State/Respondents.
Ms. Khevana Dagli i/b. A.M. Saraogi for Intervenor in
IA/ST/5639/2020
______
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CORAM :SARANG V. KOTWAL, J.
DATE :3rd DECEMBER, 2020
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No. 25 of 2020 registered with Malad Police Station on
18th January, 2020 under sections 379, 501 of IPC and under
sections 43 (A) and 66 (c) of The Information Technology Act.
2. Heard Mr. Rishi Bhuta, learned counsel for the
Applicant, Mr. S.R. Agarkar, learned APP for the State and Ms.
Khevana Dagli, learned counsel for the Intervenor/First Informant.
3. The FIR is lodged on 18th January, 2020 by one Parag
Binani. He has stated in the FIR that he has an account on
Facebook since 2010. In January, 2019, he had sold a luxury car
to a film heroine and her husband. At that time, a photograph was
clicked with the First Informant and these two together. The said
photograph was kept as status on 'Whatsapp'. On 2 nd May, 2019,
the Informant's wife pointed out to the Informant that on his
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Facebook account, same photograph was posted with an offensive
obscene sentence. The Informant tried to open his Facebook
account by entering his user ID and password. However, he could
not do so as his password was changed. He realized that
somebody had hacked his Facebook account.
4. The learned counsel for the Applicant submitted that
because of the previous enmity the Applicant is falsely implicated.
The Applicant is not well conversant with computer technology
and, therefore, she could not hack the password. He submitted
that she was using a mobile number but the handset was being
used by many employees working with her husband. Basically, it
was used for office purpose. He, therefore, submitted that the
Applicant was in no way concerned with the alleged offences. He
submitted that no non-bailable offence was disclosed in the FIR.
5. The learned counsel for the First Informant submitted
that there is a long history of offences against the present
Applicant and, therefore, she does not deserve protection of
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anticipatory bail. According to the learned counsel for the First
Informant, the Applicant is well conversant about operation of
Facebook account.
6. The learned APP has produced a report of the
investigating officer dated 3rd December, 2020. The report is taken
on record and marked 'X' for identification. The said report
categorically mentions that the Facebook account was hacked by
using particular mobile phone number. That handset along with
the sim card was produced by the Applicant on 2 nd October, 2020
with the police station. The investigation carried out so far
includes recording of statements of the employees working with
'Fabulous Car World' which is a company of the Applicant's
husband. These statements show that the mobile handset with
that phone number was being used by all the employees in the
office. Therefore, the investigation did not reveal as to who had
hacked the Facebook account of the Informant. The report merely
mentions that the Applicant was aware about operation of
Facebook account. However, the report does not show that she
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was conversant with the computer technology, so that she could
hack the system to change the password.
7. I have considered these submissions. As per the police
report that particular handset and the mobile phone number,
which was used for hacking the First Informant's Facebook, was
used by all the employees of the company of the Applicant's
husband. Thus, it was not in exclusive use of the Applicant.
Therefore, it is difficult to observe that she was solely responsible
for hacking the First Informant's Facebook account. The
investigation has not revealed that the Applicant possessed any
special knowledge which could enable her to hack the Facebook
account and to substitute the password. As rightly submitted by
the learned counsel for the Applicant, the Informant came to know
about such hacking on 2nd May, 2019 and the FIR is lodged on 18 th
January, 2020. Obviously, it is an after thought. However, the fact
remains that his account, in fact, was hacked using the mobile
phone possessed by the Applicant. But, as observed earlier, the
handset was used by all the employees of the Applicant's husband.
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Therefore, the offence could have been committed by any of the
persons handling that particular handset. In this situation, the
custodial interrogation will cause irreparable harm to her. The
investigation of course must continue. The Applicant will have to
cooperate with the investigation. The Applicant will have to
attend the concerned investigating agency, as and when called
and will have to cooperate with the investigation.
8. Hence, the following order :
ORDER
(i) In the event of her arrest in connection with C.R. No. C.R.No. 25 of 2020 registered with Malad Police Station, the applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
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(iii) Application stands disposed of accordingly.
(iv) Since I have already heard the learned counsel for the Intervenor, the Intervention Application St. No. 5639 of 2020 is allowed and is disposed of accordingly.
(SARANG V. KOTWAL, J.)
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