Sadik Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3290 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C No.34449/2021 (Sadik Khan versus State of Madhya Pradesh)

Gwalior, Dated: 14.7.2021

Through Video Conferencing.

Shri Faisal Ali Shah, Advocate for the applicant.

Smt.Padamshri Agrawal, learned counsel for the State.

Case diary is available.

This is third application filed under Section 439 of the Code of

Criminal Procedure for grant of bail to the applicant. His earlier bail

applications (M.Cr.C No.54017/2020 & M.Cr.C No.20086/2021) were

dismissed vide orders dated 8.1.2021 & 29.4.2021.

The applicant is in custody since 27.11.2020 in connection with

Crime No.195/2020 registered at Police Station Cyber Cell, District Gwalior

for offence under Section 67B of the Information & Technology Act.

It is submitted by learned counsel for the applicant that the

complainant as well as her mother have been examined and they have not

supported the prosecution case.

Per contra, learned counsel for the State vehemently opposed the

prayer for grant of bail. It is submitted that at the request of the applicant,

the prosecutrix had sent her intimate photographs to him and he in his turn

shared the same with the co-accused persons, who also started talking to the

complainant indecently and also sent back the intimate photographs of the

complainant. It is submitted that it is true that the complainant has turned

hostile but in the light of the judgment passed by the Supreme Court in the

case of Hemudan Nanbha Gadhvi Versus State of Gujarat reported in

(2019) 17 SCC 523, an accused can be convicted on the basis of the

circumstantial evidence. It is also submitted that in the present case, there is

sufficient material available on record to show that the photographs were

sent to the applicant, who in his turn, forwarded the same to the co-accused

persons and there is an evidence available on record to the effect that the co-

accused persons started talking indecently with the complainant by sharing

her intimate photographs. Thus, it is submitted that there is an electronic

evidence available against the applicant, which is sufficient for his

conviction.

Heard learned counsel for the parties.

Considering the submissions made by learned counsel for the parties,

coupled with the fact that apart from the ocular evidence, the case is also

based on electronic evidence and the accused can be convicted on the basis

of such evidence also, therefore, no case is made out for grant of bail to the

applicant.

This application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

amit

Digitally signed by AMIT JAIN Date: 2021.07.16 15:34:10 +05'30'