Sunday, 2 February 2025

Under which circumstances the court can release accused on bail relying on metadata of photo submitted by him by taking the plea of alibi?

 It is the submission of learned counsel for the applicant that applicant is suffering in confinement on false pretext. Counsel for the applicant referred the letter dated 28.02.2020 written by Station House Officer, Police Station Nai Saraye, District Ashoknagar addressed to Trial Court and report of Cyber Forensic Lab, Bhopal containing digital forensic examination report dated 12.12.2019 and subsequent report filed by the Cyber Forensic Lab, Bhopal indicates that photograph submitted by the applicant was in support of his innocence on the basis of plea of alibi. From perusal of Metadata of photograph, it is prima facie clear that the present applicant was present at Bakaspur Village Khajuri, Tahsil Badarwas, District Ashoknagar on 02.04.2019 at about 1.34 pm and time of incident is around 1.30 pm - 2.00 pm on the same day at Village Ranga, Tahsil Nai Saraye, District Ashoknagar. The distance of place of incident is around 60 kms.- 70 kms. from the place where applicant was present at 1.34 pm. Such distance can only be covered by the applicant in not less than one hour at least. Therefore, Metadata of photo and report indicate that he was present at that time at a place 60 kms.-70 kms. away from the place of incident and no tampering has been made in photograph.

According to applicant, benefit of doubt so far as grant of bail is concerned be given to him because it is the case of over implication. Applicant has been arrayed as accused on false pretext. He does not bear any criminal record. Confinement amounts to pretrial detention. 

This is the case mainly in respect of digital forensic evidence and Metadata of any photograph is a big tool in the hands of forensic experts to reach to the truth about the exact nature of incident. Trial Courts are expected to scrutinize the said scientific tool with care and deep study so that forensic examination of evidence can be done to its higher standards. Metadata can be very useful especially in cases where plea of alibi is taken by the parties or accused in particular. Photo, Metadata details and report of Digital Forensic Expert should carry due certification as per Evidence Act and other relevant provisions.

Madhya Pradesh High Court

Surendra vs The State Of Madhya Pradesh on 16 June, 2020.

M Cr. C No. 15796/2020

Author: Anand Pathak

Bench: Anand Pathak

Shri Anand Purohit, learned counsel for the complainant. Matter is heard through Video Conferencing.

The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13.06.2019 by Police Station Nai Saraye, District Ashoknagar, in connection with Crime No.55/2019, registered for offence under Sections 302147148149294 and 323 of IPC. His earlier bail applications were dismissed as withdrawn by this court.

It is the submission of learned counsel for the applicant that applicant is suffering in confinement on false pretext. Counsel for the applicant referred the letter dated 28.02.2020 written by Station House Officer, Police Station Nai Saraye, District Ashoknagar addressed to Trial Court and report of Cyber Forensic Lab, Bhopal containing digital forensic examination report dated 12.12.2019 and subsequent report filed by the Cyber Forensic Lab, Bhopal indicates that photograph submitted by the applicant was in support of his innocence on the basis of plea of alibi. From perusal of Metadata of photograph, it is prima facie clear that the present applicant was present at Bakaspur Village Khajuri, Tahsil Badarwas, District Ashoknagar on 02.04.2019 at about 1.34 pm and time of incident is around 1.30 pm - 2.00 pm on the same day at Village Ranga, Tahsil Nai Saraye, District Ashoknagar. The distance of place of incident is around 60 kms.- 70 kms. from the place where applicant was present at 1.34 pm. Such distance can only be covered by the applicant in not less than one hour at least. Therefore, Metadata of photo and report indicate that he was present at that time at a place 60 kms.-70 kms. away from the place of incident and no tampering has been made in photograph.

According to applicant, benefit of doubt so far as grant of bail is concerned be given to him because it is the case of over implication. Applicant has been arrayed as accused on false pretext. He does not bear any criminal record. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He would not move in the vicinity of complainant party. He further undertakes to install Arogya Setu App. On these grounds, prayer for bail has been made.

Panel Lawyer for the State opposed the prayer and prayed for dismissal of this application.

Learned counsel for the complainant also opposed the prayer and submitted that forensic evidence needs to be examined on the touchstone of evidence/cross-examination before the trial court. Therefore, he prays for dismissal of this bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

This is the case mainly in respect of digital forensic evidence and Metadata of any photograph is a big tool in the hands of forensic experts to reach to the truth about the exact nature of incident. Trial Courts are expected to scrutinize the said scientific tool with care and deep study so that forensic examination of evidence can be done to its higher standards. Metadata can be very useful especially in cases where plea of alibi is taken by the parties or accused in particular. Photo, Metadata details and report of Digital Forensic Expert should carry due certification as per Evidence Act and other relevant provisions.

Without commenting on the merits of the case, applicant is entitled to be released on bail and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court and that he will have to install Arogya Setu App, if not already installed.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his preliminary Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerned hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the COVID-19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending 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 Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.

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