Chander Bhusan Barowalia, J
1. The matter is taken up through video conference.
2. The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the
event of his arrest, in case FIR No. 35 of 2020, dated 15.05.2020, under Sections 67 and 67B of IT Act, registered in Police Station Renukaji, District
Sirmour, H.P.
3. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place
and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending
him behind the bars, so he be released on bail.
4. Police report stands filed. The prosecution story, as emanates from the records, is that Cyber Crime Prevention against Women and Children
Monitoring Team, NCRB, New Delhi, sent two CDs/DVDs, through email, to the office of Superintendent of Police, Nahan, District Sirmour.
According to Tipline report of NCRB, New Delhi, on 05.01.2019, at about 02:56 p.m., one Ravi Thakur, through his facebook ID, posted a post
relating to child pornography. During the investigation it was unearthed that post was made through a mobile phone, which was found to be in the
name of one Rahul Chauhan (Rahul Thakur), who is brother of Ravi Thakur. It was also unearthed that said Ravi Thakur constantly used the mobile
phone of his brother, Rahul Thakur. During the course of investigation it was revealed that Rahul Thakur @ Ravinder Singh (petitioner herein) posted
a porn video of foreign ladies, through his facebook ID. The petitioner, during interrogation, divulged that he used to watch porn videos and he shared
the same on his facebook ID. Thereafter, police made the relevant recoveries. Police completed all the codal formalities and now, as per the police,
investigation is completed and soon challan will be presented in the Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as
the petitioner was found involved in a serious crime. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from
justice. The petitioner can also tamper with the prosecution evidence, so his bail application be dismissed.
5. I have heard the learned Senior Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records,
including the police report, carefully.
6. The learned Senior Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued
that the petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has
argued that no fruitful purpose will be served by sending the petitioner behind the bars, as he is joining and co-operating in the investigation, nothing is
to be recovered from him. He has argued that the custody of the petitioner is not at all required by the police, so the bail application be allowed.
Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence, so at this stage, in case
he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the
petitioner be dismissed.
7. In rebuttal the learned Senior Counsel for the petitioner has argued that the petitioner is neither in a position to flee from justice nor in a position to
tamper with the prosecution evidence, as he is permanent resident of the place. His custodial interrogation is not at all required by the police, as he is
joining and co-operating in the investigation, nothing remains to be recovered at the instance of the petitioner, so the petition may be allowed and the
petitioner may be enlarged on bail.
8. At this stage, after considering the different facets of the case in hand and after giving thoughtful and incisive consideration to the facts that the
petitioner is joining and co-operating in the investigation, he is not in a position to tamper with the prosecution evidence nor in a position to flee from
justice, as he is permanent resident of the place, his custody is not at all required by the police, nothing remains to be recovered at his instance,
investigation is complete, considering the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, the
fact that the custodial interrogation of the petitioner is not at all required by the police, as he is joining and co-operating in the investigation, considering
the nature of the offence and the manner in which the same is alleged to have been committed and also considering the overall facts, which have
come on record, and without discussing the same at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the
petitioner on bail, in the event of his arrest, is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the
petitioner, in the event of his arrest, in case FIR No. 35 of 2020, dated 15.05.2020, under Sections 67 and 67B of IT Act, registered in Police Station
Renukaji, District Sirmour, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of `20,000/-(rupees
twenty thousand) with one surety in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following
conditions:
(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.
(ii) That the petitioner will not leave India without prior permission of the Court.
(iii) That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as
to dissuade him/her from disclosing such facts to the Investigating Officer or Court.
9. In view of the above, the petition is disposed of. Copy dasti.
