Whereas granting anticipatory bail to a rape accused, the Madhya Pradesh Excessive Courtroom directed him to handover all his digital devices together with the password of his all social media platforms to the investigating company. The courtroom additionally directed the applicant to submit all paperwork and intimate photos of the sufferer to the investigating company and the sufferer.
The only decide bench of Justice Devnarayan Mishra noticed, “Applicant is directed to cooperate with the investigating company and shall submit all of the paperwork and intimate pictures of sufferer which are in his possession to the investigating company and sufferer too. Applicant shall additionally handover his all digital devices like cell, laptop computer and so forth. to the investigating company together with the password of his all social media platforms like Fb, Instagram, whatsapp and so forth. for the investigation and if any objectionable materials is discovered, it shall be hand over to the sufferer and company. Investigating company shall return all of the devices of applicant after receiving/taking information from digital peripheral units positively.”
The current utility was filed below Part 482 of Bhartiya Nagarik Suraksha Sanhita, 2023/Part 438 of Cr.P.C., 1973 searching for anticipatory bail for the offence punishable below Part 376(2)(n) of IPC.
The counsel for applicant submitted that the applicant and the sufferer are main and each are working as engineer. There have been pleasant relations between them since 2006. They had been having consensual relation from 2010 to 2018 and within the yr 2018, the applicant was working in Bangalore and after that there was no speak between them. Because the FIR has been lodged on 10.12.2024, due to this fact, no case is made out in opposition to the applicant.
The counsel for objector submitted that no case for anticipatory bail is made out as on the pretext of marriage, applicant has violated the privateness of sufferer for 8 to 10 years, again and again he promised to marry her however later denied, thus it’s clear case of violating the privateness of sufferer which is punishable below Part 376(2)(n) of the IPC, therefore, the anticipatory bail of applicant be dismissed.
The counsel for State submitted that the applicant not solely violated her privateness but in addition communicated her pictures to his buddy circle, due to this fact, the custodial interrogation was required.
The courtroom thought of the truth that each had been in lengthy relationship from 2010 to 2018 and had been serving in other places however then no allegation of violating of privateness was reported and FIR was registered in 2024 and each are main. Thus, the courtroom granted anticipatory bail to the applicant with out commenting upon the deserves of the case.
Nonetheless, the courtroom directed the applicant to submit all of the paperwork and intimate pictures of sufferer which are in his possession to the investigating company and sufferer too. Additional, the courtroom additionally directed him to handover his all digital devices like cell, laptop computer and so forth. to the investigating company together with the password of his all social media platforms like Fb, Instagram, whatsapp and so forth. for investigation.
Case Title: Tej Narayan Sharma Versus The State Of Madhya Pradesh, Misc. Prison Case No. 2736 Of 2025
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