Recently, the Allahabad High Court dismissed a bail application filed by an accused who was alleged to have circulated indecent photographs of the victim via WhatsApp, while holding that digital technology is altering the face of crime and that such offences can destroy lives when misused on social media platforms. The matter pertained to offences under various provisions of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act. In a significant observation, the Court emphasized: “Indecent pictures of a person, when circulated on public platforms by social media, can destroy lives. This is the hard social reality.”
Brief facts:
The prosecution's case was that the applicant had circulated indecent photographs of the victim through WhatsApp. Some of these images were later recovered and sent for forensic examination. The accused was booked under Sections 74, 352, 351(2), 64(1) of the Bharatiya Nyaya Sanhita (BNS) and Section 67A of the Information Technology Act. A bail application was filed before the trial court, which was rejected. Aggrieved by the rejection, the present application was moved before the High Court seeking regular bail.
Observations of the Court:
The Court noted that the offence alleged was of serious nature, with grave implications for the victim’s dignity and privacy. Refusing to accept the petitioner’s plea for bail, the Court observed, “Digital technology is altering the face of crime. Indecent pictures of a person, when circulated on public platforms by social media, can destroy lives. This is the hard social reality. The offenders have to be booked, and the trial has to be concluded in an expeditious time frame.”
The Court also directed the Deputy Director of the Forensic Science Laboratory (FSL) to ensure that the forensic report concerning the indecent photographs be submitted before the trial court within two months. Stressing on the need for timely completion of the trial, the Court instructed the trial court to conduct proceedings expeditiously.
Further, the Court expressed serious concern regarding systemic delays in trials due to non-service of summons or failure to execute coercive measures by the police. It stated that such delays undermine the administration of justice. In support of this view, the Court relied upon the precedents laid down in Bhanwar Singh @ Karamvir vs. State of U.P. and Jitendra v. State of U.P., reiterating the need for prompt judicial processes.
The decision of the Court:
The single-judge bench of the High Court dismissed the bail application, while issuing directions for timely submission of the FSL report and expeditious trial proceedings.
Case Title: Ramdev vs. State of U.P.
Case No.: CRIMINAL MISC. BAIL APPLICATION No. - 19176 of 2025
Coram: Justice Ajay Bhanot
Advocates for the Applicant: Adv. Satyam Mishra, Shailendra Singh
Read Judgment @Latestlaws.com
Picture Source : https://media.cnn.com/api/v1/images/stellar/prod/220503153746-woman-using-phone-stock.jpg?c=original
