Delhi High Court - Orders
Mahavir Kumar vs State (Gnctd) on 16 September, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Order reserved on : 13/09/2022
Order pronounced on : 16/09/2022
+ BAIL APPLN. 4445/2021,CRL.M.A. 17248/2022
Mahavir Kumar ..... Petitioner
Through: Mr. Anshul Mittal, Mr. Ravinder
Aggarwal and Mr. Sushil Raaja,
Advs.
versus
STATE (GNCTD) ..... Respondent
Through: Ms. Richa Dhawan,Addl.PP for State
IO Insp. Chanchal Singh, PS Civil
Lines
Mr.N.L. Sahai, Adv. for complainants
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 16.09.2022
1.0 Vide this application under Section 439 read with section 482 Cr.P.C
(filed through Pirokar Sh. Manoj Kumar), the petitioner has sought bail in case FIR No. 325/2021 dated 30.08.2021, under Sections 354-D IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' in short) and Section 66 (E) of the Information Technology Act, 2000. ('IT Act' in short) 2.0 The case of the prosecution is that the FIR was registered on the complaint of Ms. Nilomini Singh, Manager, Butler Memorial Girls Senior Secondary School, Delhi, wherein she stated that an online stalker is cyber Bail Appl. 4445/2021 Page 1 of 7 Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 1 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:46 stalking the minor girls of the school and also sending whatsapp messages and calling the teachers of the school from various international numbers and from the numbers of the students and teachers. The complainant also stated that the said person is entering the online classes of the school and joining the whatsapp groups without approval of the admin and several morphed nude and semi nude morphed photos of the students were circulated on several social media platform. On the basis of this complaint, present FIR was registered and investigation was carried out. Thereafter, the petitioner was arrested in the matter.
3.0. The petitioner vide this application has submitted that he is innocent and has been falsely implicated for cyber-stalking of minor girls of Butler Memorial Girls Senior Secondary school, Delhi through fake international numbers in a premeditated manner. He is a young boy of 18 and ½ years, who is a conscientious and bright student and is presently studying in IIT Kharagpur and is pursuing his B.Tech/M. Tech dual degree course. He has an excellent academic record. The petitioner was arrested on 06.10.2021 and has been in judicial custody since 07.10.2021. His earlier bail application was dismissed by ld. ASJ vide order dated 30.10.2021.
3.1. It is further submitted that the petitioner was preparing for JEE Entrance Examination in Kota in 2019 (when he was a minor) and had received a friend request from a girl namely 'S' purported to be 19 years old. Thereafter, the said girl also called the petitioner on whatsapp on the pretext of seeking his help in preparation for JEE examination. The petitioner had accepted the said friend request. However later on, said girl started Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 2 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:46 harassing him, on which, the petitioner refused to take her calls. Thereafter, the complainant had asked her friend 'M' to contact the petitioner, but he refused to take her calls. In order to harass the petitioner, the complainant has now falsely implicated the petitioner in the present case. Initially the FIR was registered under Section 354-D IPC ; and Section 12 POCSO Act, 66 (E) IT Act was added later, although the ingredients of the said offences were not even made out.
3.2. It is also submitted that the petitioner/accused never visted Delhi and was busy in his studies and attending on-line classes from Patna, Bihar during the lock-down in 2020-2021 and there was no occasion for him to call/contact alleged girls students/teachers.
3.4. Ld. counsel for the petitioner also submitted that false allegations of petitioner joining online classes/whatsapp group of the school have been levelled as the same is technically impossible, unless the School Admn., grants access. He also argued that the alleged victims may have themselves fraudulently hacked/misused the petitioner's device and used it for sending morphed, nude and semi-nude photos of themselves on the whatsapp group of the school. The petitioner could not have done so as he had no access to that group.
3.5. It is further submitted that the investigation in the matter is complete and charge sheet has already been filed. Thus, no fruitful purpose would be served by keeping the petitioner behind bars.
Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 3 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:463.6. Ld. counsel also submits that there is no possibility of tampering of technical evidence by the petitioner as all the devices i.e. laptop, mobile phone and social media profile of the petitioner have been seized. Further, the service provider of the Whatsapp and Instagram have already produced the relevant evidence to the Investigating Agency.
3.7. Ld. counsel submitted that even if prima facie, the petitioner appears to be guilty of a serious offence, bail cannot be refused to him on that ground alone and placed reliance on the order of this Court in case titled as H.B. Chaturvedi vs. C.B.I. 4.0. Per contra, Ld. Prosecutor opposed this bail application submitting that there are 14 victims, out of which, nine are girl students and five are female teachers. During investigation, matter was taken up with Whatsapp record portal, Instagram and also Google for providing details. It was found that Instagram ID rida_khanna04 on which morphed nude photos of the girls students were also uploaded, was created from mail id [email protected] and Instagram ID miss_sehba_pvt was created from mail id [email protected]. On analysis/collection of data received from Google it was found that gmail id i.e. [email protected], from where the instagram ids of girl students were created, was phone number +917903679667, and that one of the victims had also received a message from the said mobile number. On receiving of the IPDR from Jio, details were analyzed and mobile number 7903679667 and 8340694300 was found using alleged IPDR at the time of offence.
Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 4 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:464.1. Status report mentions that further investigation also revealed that mobile number 7903679667 was in the name of Manoj kumar son of Ram Nandan Prasad resident of Khan Khaja Khanna Gujri Bazar Patna alt number 8340694300. Mobile number 8340694300 was also found in the name of the said Manoj Kumar; and subsequently, user of the mobile phone number 7903679667 was identified as Mahavir that is, the present petitioner son of Manoj kumar r/o Gauri Bazar, PS Kajekalan Patna Bihar.
4.2. Status report also mentions that various nude/semi nude/morphed photos of young girl students of the school were found in the seized mobile phone and laptop of the petitioner. It is further submitted that after the petitioner's arrest, none of the girls have received such type of calls/messages/photos.
4.3. Ld. Prosecutor submitted that in view of the above, there is sufficient incriminating evidence against the petitioner.
4.4. It is also submitted that the petitioner being an engineering student is technically very sound and can tamper with the evidence; he can hide his identity and can contact/stalk victims in near future, by creating fake identity, if released on bail.
4.5. Status report has verified that the classes for IIT, Kharagpur in the physical mode have already started since 02.08.2022. Examination schedule has been issued, as per which, the examination of the petitioner shall start Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 5 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:46 from 20.09.2022 to 30.09.2022, which are offline/have to be taken physically.
5.0 I have duly considered the submissions made by both the parties.
6.0 The petitioner is stated to be 18½ years old and is in judicial custody since 07.10.2021. He is a student of 2nd year of B.Tech/M.Tech dual degree course at IIT Kharagpur. It is submitted that the petitioner throughout, has been a meritorious student and has outstanding academic record. He has a bright future. His Mid Autumn Semester Examinations are commencing from 20th to 30th September, 2022, which shall be offline. If the petitioner misses these examinations, his carrier shall take a great hit. Ld. Counsel for the petitioner also submitted that the petitioner who is young and bright boy may get influenced by anti-social elements, if remains in jail any longer.
6.1 Charge-sheet in the matter has already been filed. Ld. Prosecutor submitted that the supplementary charge-sheet shall be filed with respect to the FSL result qua the technical devices seized in the matter.
6.2 The petitioner is stated to be a permanent resident of Gujari Bazar, PS Khajekalan, Patana City, Patna, Bihar and has undertaken to comply with any terms and conditions as may be imposed by this court.
7.0 In view of the above facts and circumstances, considering the age of the petitioner and that he is pursuing his studies; and that the charge-sheet in the matter has already been filed, the petitioner is admitted to bail, subject to Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 6 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:46 his furnishing of personal bond in the sum of Rs.50,000/- with one surety of like amount, subject to satisfaction of the Ld. Trial Court and subject to the following terms and conditions :
i. that the petitioner shall not contact any of the victims directly/ indirectly or digitally or in any other manner, whatsoever; ii. that the petitioner shall not influence or intimidate the victims/witnesses in any manner;
iii. that the petitioner shall not tamper with evidence; iv. that the petitioner shall regularly appear before the Ld. Trial Court as and when required; and v. that the petitioner shall furnish on affidavit, his mobile number/(s), e-mail id used by him and shall apprise the court immediately, in case of change in his address, mobile phone number etc.
8.0 Application is disposed of accordingly.
9.0 It may be mentioned that any observation made hereinabove shall not tantamount to expression of opinion on merits of the case.
10.0. Copy of this order be given dasti under the signatures of Court Master.
11.0 Copy of this order be also sent to Jail Superintendent concerned.
POONAM A. BAMBA, J SEPTEMBER 16, 2022/chandan Click here to check corrigendum, if any Signature Not Verified Digitally Signed Bail Appl. 4445/2021 Page 7 of 7 By:GEETA JOSHI Signing Date:23.09.2022 15:47:46