ALTAMASH ASRAR ANSARI v. THE STATE OF MAHARASHTRA
Court: Bombay High Court
Bench: HON'BLE SHRI JUSTICE SANDEEP KASHINATH SHINDE
Judgment date:
Case summary
Bombay High Court judgment dated 2020-02-28. ALTAMASH ASRAR ANSARI v. THE STATE OF MAHARASHTRA. Read the judgment and case details on LawSphereX.
Judgment text
BA-94-2020. odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 94 OF 2020 Mr. Altamash Asrar Ansari … Applicant Vs The State of Maharashtra ... Respondents … Mr. Rajendra Rathod i/by Mr. Ali Bubere for the Applicant. Mrs. J. S. Lohakare , APP for the Respondent-State. Sr. PI Balkrishna Wagh attached to Cyber Cell Thane City present. CORAM : SANDEEP K. SHINDE J. th DATE : 28 FEBRUARY, 2020 P. C. : Heard. 2 The applicant is seeking his enlargement on bail in Crime No. 214 of 2019 registered at Thane Nagar Police Station for the ofences punishable under Sections 354(A) and 354 (D) of the Indian Penal Code, 1860 (‘IPC’ for short) along with ofences punishable Shivgan 1/6 BA-94-2020. odt under Sections 11(iii), (iv), (v), 13 and 14 of the Protection of Children from Sexual Ofences Act, 2012 (‘POCSO’ for short) along with Section 67(B) of the Information Technology Act, 2000.
3 It is the prosecution’s case that victim (an American national), who was allegedly 12 years old, became friends with the applicant on Instagram and thereafter, started chatting with him on Whatsapp. In the course of conversation, it is alleged that the applicant occasionally sent his obscene photos and videos to the victim and insisted the victim to send her obscene photos and videos to him, in return. It may be stated that the victim had also sent her photos and videos to the applicant on a couple of occasions. 4 It appears, victim’s mother, on knowing about the exchange of the alleged photos and video clips, fled a complaint with Department of Police, USA Shivgan 2/6 BA-94-2020.
odt whereafter, the complaint was investigated into and the report of which was forwarded to CBI, New Delhi, which in turn was forwarded to the Additional Director General of Police, Pune and ultimately to Thane Nagar Police Station whereupon the said Crime came to be resgitered and the applicant came to be arrested for the ofences punishable as stated hereinabove. 5 I have perused the messages exchanged between the applicant and the victim. These messages, prime-facie, do not suggest that the applicant had pressurised the victim to send her obscene photos/videos to him. 6 Be that as it may, apart from the ofence punishable under Section 67(B) of the IT Act, the ofences under Section 354A and 354D of the IPC are bailable ofences. Additionally, as far as the ofences punishable under Section 11(iii), (v) and (vi) of the Shivgan 3/6 BA-94-2020. odt POCSO are concerned, it may be stated these ofences are punishable with imprisonment for a term which may extend to three years.
It may also be stated that as far as the ofence under Sections 13 and 14 are concerned, the case, prima-facie, does not suggest the ‘use’ of victim for pornographic purpose and the question regarding the same may be resolved at the trial. Therefore, prima-facie, I have no reason to refuse the bail to the Applicant. 7 Applicant is in custody since August, 2019. He is an engineer and a permanent resident of Thane. In view of this, his presence for the trial can be secured by imposing suitable conditions. Additionally, it can be said that even if the applicant is released on bail, there is no possibility of him tampering with the evidence or witnesses/complainant. Additionally, trial in this case may not commence and/or conclude in the near future. Shivgan 4/6 BA-94-2020. odt 8 For the reasons stated hereinabove and in view of the accusations made against the applicant, he is directed to be released on bail.
Hence, the following order: ORDER (i) The applicant be enlarged on bail in Crime No. 214 of 2019 registered with Thane Nagar police station, on executing PR Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount; (ii) The applicant shall inform his latest place of residence and contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Ofcer of the concerned Police Station; (iii) The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case; 9 The application is, accordingly, allowed and disposed of. 10 It is made clear that observations made hereinabove be construed as expression of opinion only for Shivgan 5/6 BA-94-2020. odt the purpose of granting bail and the same shall not in any way infuence the trial in other proceedings. (SANDEEP K. SHINDE, J. ) Shivgan 6/6
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