2021 P Cr. L J 119
----S. 497---Prevention of Electronic Crimes Act (XL of 2016), Ss. 20, 21 & 24---Offences against dignity of natural person, offences against modesty of a natural person and minor, cyber stalking---Bail, refusal of---Recovery of incriminating material on pointation of accused---Scope---Accused was alleged to have shared obscene videos of his ex-wife within and outside her family---FIA officials had proceeded to the house of accused and got recovered on pointation, the incriminating paraphernalia which was seized in presence of witnesses under a seizure memo.---Accused person's admission of making videos gave weight to the allegations that by making videos and photographs he forced the complainant to indulge into obscene activities with his friends which he recorded and that the accused later on used her explicit images and videos to control, blackmail and force her to perform other sexual activities---Sections 20, 21 & 24 of Prevention of Electronic Crimes Act, 2016 did not fall within the prohibitory clause of S. 497, Cr.P.C. but in such like cases where dignity and modesty of a person was at stake, the discretion for grant of bail had to be exercised cautiously---Prosecution had sufficient material against the accused to connect him with the commission of alleged offence---Petition for grant of bail was dismissed.
Criminal Procedure Code (V of 1898)---
----S. 497--- Bail--- Tentative assessment--- Scope--- Only tentative assessment of record is permitted and deeper appreciation of evidence/material is not permitted at bail stage.
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