Madhya Pradesh High Court
Paksh Bhandari vs The State Of Madhya Pradesh on 24 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:1809
1 MCRC-2408-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 24 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 2408 of 2025
PAKSH BHANDARI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vivek Dalal, learned counsel for the applicant.
Shri Tarun Pagare, learned Public Prosecutor for the respondent/State.
Shri Avinash Sirpurkar, learned senior counsel with Shri Yogesh Kumar
Gupta, learned counsel for the Objector.
ORDER
This first bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 438 of Cr.P.C.) has been filed by the applicant-Paksh Bhandari S/o Late Shri Chirag Bhandari for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.03/2025 registered at Police Station Bhanwarkuan, District Indore (M.P.) for commission of offence under Section 79 of BNS, 2023 and Sections 3 and 5 of Protection of Children from Sexual Offences Act, 2012.
2. As per prosecution case, the allegation against the applicant is that an morphed video has been allegedly forwarded by the applicant. Accordingly, offence has been registered against him.
3. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the crime. The applicant is 18 years old boy. A video with morphed photo wherein a girl and a boy are seen kissing has been Signature Not Verified Signed by: REENA JOSEPH Signing time: 24/01/2025 16:03:19 NEUTRAL CITATION NO. 2025:MPHC-IND:1809 2 MCRC-2408-2025 allegedly forwarded by the applicant. The offences under Section 3 and 5 of the POCSO Act are not attracted and maximum Section 13(c) will be attracted. The applicant has no criminal antecedents. There is no sufficient evidence available on record to establish the complicity of the accused with the alleged crime. There is no likelihood of his absconding or tampering with evidence. He will cooperate with the investigation. Looking to the tender age of the applicant, learned counsel prays for allowing the application for grant of anticipatory bail.
4. Learned senior counsel for the Objector has vehemently opposed the prayer on the ground that due to this mischievous morphed video sent and made viral, the victim has been debarred from going in public and attending the school. It is a serious case and investigation is still incomplete, mobile is still to be recovered and it is also to be investigated as to how many persons this video has been sent therefore, prays for dismissal of this anticipatory bail application.
5. Per contra, learned counsel for the respondent / State has vehemently opposed the prayer and prays for dismissal of the application.
6. Heard learned counsel for the parties and perused the case diary.
7. In the aforesaid factual backdrop, this Court is not inclined to grant benefit of anticipatory bail to the applicant. Accordingly, this application is dismissed.
(BINOD KUMAR DWIVEDI) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 24/01/2025 16:03:19