Law: Criminal Procedure Code (V of 1898)

Section: 164,497,497(1)

Law: Prevention of Electronic Crimes Act, 2016

Section: 21

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 164---Prevention of Electronic Crimes Act (XL of 2016), S. 21---Offences against modesty of a natural person and minor---Bail, refusal of---Crime against society---Scope---Prohibitory clause of S. 497, Cr.P.C.---Scope---Complainant, a lady alleged that the petitioner, through Facebook messenger, demanded money by threatening/blackmailing her to upload her private objectionable pictures which would cause her character assassination and damage to her reputation---Petitioner contended that offence with which he had been charged did not fall within prohibitory clause of 497, Cr.P.C.---Complainant contended that two mobile phones had been recovered from the petitioner through which he made number of messages---Validity---Record revealed that messages in question suggested that the petitioner had threatened the complainant to upload her objectionable pictures on the website in case she would fail to pay certain amount to him---Apart from conversation made in between the parties regarding demand of money, said messages also carried the request on the part of complainant for deleting said pictures---Such dissolute act had put a young lady, being a mother and wife, into perennial embarrassment and ridicule within and outside family fold---Investigation revealed that not only the petitioner had recorded his disclosure admitting his guilt of capturing objectionable pictures of the complainant without her knowledge, but also had recorded his confessional statement under S. 164, Cr.P.C. before the concerned Magistrate, whereby once again he had confessed his guilt---Offence with which the petitioner was charged though did not fall within the ambit of prohibitory clause of S. 497, Cr.P.C., but the fact remained that merely on the basis of said ground the petitioner could not claim his release on bail as a matter of right---Charged offence being not only heinous in nature, but also dangerous and harmful for society coupled with the fact that the same would give courage to others to play with the modesty of public-at-large---Both the Courts below had rightly restrained themselves in enlarging the petitioner on…

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