Allahabad HC at Lucknow refuses to grant bail to a student accused of blackmailing a fellow student.
In the instant case, an application under Section 439 CrPc was filed for bail before the Allahabad High Court at Lucknow.
The Hon’ble Court refused to grant bail due to the grave nature of the crime.
Misuse of Technology:-
As per the FIR, the prosecutrix and the accused were students of Nalanda University.
The petitioner/accused had obtained the phone number of the prosecutrix and started sending her obscene and dirty messages.
It was also alleged that the accused had hacked the Instagram and Snapchat id of the accused. He was sending objectionable and dirty messages to other students and boys.
As per the prosecution, the accused was pressurizing the prosecutrix to lodge a false case against her family members.
But when the prosecutrix refused to file a false case, the accused asked her to pay Rs 2 lakh, otherwise he would kill her younger brother.
The accused told the petitioner that if she reports the case to the police, he will kill her entire family.
After that, an FIR was lodged in the case, and the accused was arrested under Sections 386 and 354A IPC and Section 66-C of the Information Technology Act.
Reasoning and Decision of the Court
Hon’ble Court observed that there had been a rise in cases where technology was used to commit offences against women.
The Hon’ble Judge opined that as the trial has not yet begun and the prosecutrix is yet to be examined, it will not be appropriate to grant bail to the accused.
The court also considered the heinous nature of crime before passing the order. Accordingly, the bail application was dismissed.
Title: Afroz Khan vs State Of UP & Anr.
Case No. BAIL No. – 7289 of 2020
Date of Order:15.10.2020
Coram: Hon’ble Justice Dinesh Kumar Singh