Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prevention of Electronic Crimes Act, 2016

Section: 22

Criminal Procedure Code (V of 1898)--- ----S. 497---Prevention of Electronic Crimes Act (XL of 2016), S. 22---Child pornography---Bail, refusal of---Delayed FIR---Scope---Prosecution case was that a cyber crime operation was launched abroad to fight the diffusion of child sexual abuse material through social media groups in which 351 foreign numbers were investigated; one of them being that of accused, FIA raided the house of accused, seized his cell phone as well as two computer hard drives---Seized drives were sent for forensic analysis and images/videos of minors were found---Accused contended that the FIR was lodged after 3 years; that the images/videos were uploaded by his brother who had died and that the offence with which he was charged did not fall within the prohibitory clause of S. 497, Cr.P.C.---Telephone number identified by the Interpol was admittedly in use of the accused nor the recoveries were denied---Fact that gangs from all over the world were investigated, their respective details were obtained and then traced back to the individual countries from where the child pornography originated justified the delay---Fact that the accused was in exclusive use of equipment for the last few years and had taken pains to install application locking passwords on the same, required deeper analysis of evidence---High Court observed that behaviour would be repeated if bail was granted or that the accused would abscond---Nature of accusations and the material collected to date merited the case to fall within the exception of granting bail when the offence fell within the non-prohibitory clause of S. 497, Cr.P.C.--- Application for grant of bail was dismissed, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 rel. ORDER OMAR SIAL, J.--- Adil Nadeem, the applicant has sought post-arrest bail in Crime No. 02 of 2020 registered under section 22(1) of the Prevention of Electronic Crimes Act, 2016. Earlier Application seeking bail was dismissed by the learned Sessions Judge, Hyderabad. 2. The background to the case is that an undercover operation was launched by the cyber crime unit in Milan to fight the diffusion of child sexual abuse…

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