On December 19, 2022, the Punjab and Haryana High Court in a single Judge bench consisting of Justice Amarjot Bhatti, granted Bila to the Co-Accused in Chandigarh University Video Leak Case while observing that “the trial of this case may take a long time. The petitioner cannot be put behind the bars for the indefinite time period”.
Brief Facts:
Smt. Ritu Ranot, Manager of the Girls Hostel, Chandigarh University gave her statement to the Police that on 17.09.2022, at around 3 p.m. she was told by Rajvinder Kaur, warden of Girls Hostel, that a girl namely Smyle was making an obscene video of the girls.
During the investigation carried out by the hostel staff, all girls were called into the office, but Smyle refused the allegations that she had prepared any such video or clicked photographs. When her mobile phone was checked it was found that some of the photos and videos were deleted. She was continuously receiving calls and messages from a mobile number. She was told to put the call on speaker and told the caller to send the photographs or video he had received.
The screenshots of an obscene video were sent by the boy. Moreover, when the warden strictly enquired regarding the video, she confessed everything. The present case was registered with these allegations. The FIR was registered against Smyle and Co-accused Sanjeev Kumar who was arrested on 24.09.2022.
Hence, a petition, by Sanjeev Singh, was filed u/s 439 CrP.C. for the grant of regular bail u/s 354-C of IPC, Section 66(E) of Information Technology Act, 2000, section 354-A, 354-D, 506, 509, 511 IPC and Section 66 (C), 66(D), 67A, 84(C) of the IT Act, 2000 as well.
Contentions of the Petitioner:
The counsel for the petitioner submitted that the petitioner was falsely implicated in the case. He did not prepare any obscene videos and did not even click any photographs. Moreover, there is nothing on record to show that he circulated the said video to anybody else. As per the version of the investigation officer, there was no such video circulated. Hence, the allegations against him are false and baseless.
The petitioner was arrested on 24.09.2022 and is in custody since then. His bail was rejected by the learned Additional Sessions Judge twice. He had also joined the investigation. Therefore, a concession for regular bail was requested.
Contentions of the Respondent:
The counsel representing the state submitted that “a written reply was filed in which it was confirmed that the challan is already presented before the trial court. The allegations are specific and serious in nature.” He further added that “a specific role is attributed to the present petitioner and considering the gravity of the offence, he is not entitled to be released on bail.”
Observations of the Court:
The Hon’ble court observed that the investigation had been done as the Challan was presented before the Court. Moreover, the chargesheet was yet to be framed. The court stated that “since 24.09.2022, he is in the Judicial lock up. Trial of this case may take long time. The petitioner cannot be put behind the bars for indefinite time period.”
The Decision of the Court:
The Regular Bail was granted to the petitioner. He was ordered to be released on bail on furnishing bail bonds to the satisfaction of the trial court/duty Judge concerned. Hence, the petition was disposed of.
Case Title: Sanjeev Singh Vs. State of Punjab
Coram: Hon’ble Mrs. Justice Amarjot Bhatti
Case No.- CRM-M-50988-2022
Advocate for Petitioner: Mr. Rahul Dev Singh
Advocate for Respondent: Mr. Mohinder Singh Joshi
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