It is settled law that the custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS’) [State v.
Anil Sharma : (1997) 7 SCC 187]. Granting anticipatory bail to
the applicant would undoubtedly impede further investigation.
An order of bail cannot be granted in a routine manner so as to
allow the applicant to use the same as a shield. {Para 15 }
16. This court has perused the case diary and gone through the
statements of the victim, mother of the victim and co-accused -
Sameer. There are materials in the case diary implicating the
applicant in the allegations which the police are investigating.
The allegations against the applicant are of a grave and serious
nature, involving the exploitation and sexual abuse of a minor
girl. The applicant is accused of coercing the victim into
engaging in sexually explicit acts over video calls, recording the
same without her consent, and using these recordings to
blackmail her repeatedly. Such acts not only violate the personal
dignity and privacy of the victim but also constitute serious
offences under the BNS and the POCSO Act.
17. The allegations against the applicant points towards the
exploitation of a child by coercing and blackmailing her for
pornographic purposes. The alleged recording and sharing of
explicit material involving the minor victim is a grave offence.
19. The present case underscores the increasing misuse of
social media and technology to exploit and intimidate vulnerable
individuals, particularly minors. In light of the allegations,
perusal of the statement of the victim and co-accused Sameer,
this Court finds that granting pre-arrest bail would set an
inappropriate precedent and undermine the societal interest in
safeguarding children from such reprehensible acts.
20. The actions of the applicant exemplify the disturbing trend
of exploiting the anonymity and reach of social media platforms
to perpetrate sexual crimes against minors. This Court cannot
ignore the broader societal implications of such acts and the
urgent need to send a strong message against the misuse of
technology.
21. Considering that the present case involves electronic
gadgets and electronic evidence, the task of the Investigating
Agency seems arduous and they need to be given a fair play in
the joints to investigate the matter in the manner they deem
appropriate. The matter requires thorough investigation which
ought not to be curtailed by passing an order granting pre-arrest
bail.
22. The relief of pre-arrest bail is a legal safeguard intended to protect individuals from potential misuse of power of arrest. It plays a crucial tool in preventing harassment and unjust detention of innocent persons. However, the court must carefully balance the individual’s right to liberty with the interests of justice. While the presumption of innocence and the right to liberty are fundamental principles of law, they must be considered in conjunction with the gravity of the offence, its societal impact, and the need for a comprehensive and unobstructed investigation.
23. Considering the material on record, it cannot be held at this stage that the investigation is being carried out with the intention to injure or humiliate the applicant and does not indicate false implication of the applicant. The nature and gravity of allegations are serious. Specific allegations have been made regarding the applicant’s alleged involvement in the commission of the offence.
24. The material presented by the prosecution establishes a prima facie involvement of the applicant. Granting pre-arrest bail to the applicant would undoubtedly impede further investigation.
25. The present application is accordingly dismissed.
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLN. 4440/2024
SAIFUL KHAN Vs STATE & ANR.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral).
Date of Decision: 03rd December, 2024
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