PLJ 2020 Cr.C. (Note) 19 Prevention of Electronic Crimes Act, Criminal Procedure Code, 1898 (V of 1898)–Sec. 497–Prevention of Electronic Crimes Act, 2016, S. 21(1)(b)(d)–Bail after arrest–Rejected–Allegation of–Applicant has threatened and blackmailing a female through face book messenger by uploading her private objectionable pictures causing character assassination and damage to her reputation–Charged offences do not attract in the case in hand, but on tentative assessment of record it appeared that initially the accused-applicant in the garb of friendship started visiting the house of complainant in absence of her husband and on getting chance he succeeded in sexual harassment of complainant and thereafter captured her objectionable pictures and subsequently the accused-applicant used the same as a tool to extract money from her, while in case of failure to pay the certain amounts, threats were extended for exhibiting or displaying the same in the internet–So far as the arguments made on behalf of the accused-applicant that he is entitled for grant of bail as the offences do not fall within the prohibitory clause of Section 497, Cr.P.C. is concerned, that though Section 21(1)(b)(d) of the Prevention of Electronic Crimes Act, 2016, does not fall within the ambit of prohibitory clause of Section 497, Cr.P.C. as the punishment in the charged offences are less than 10-years imprisonment, but the fact remains that alone on the basis of this ground the accused-applicant cannot claim his release on bail as a matter of right–Since, the charged offences are not only heinous in nature, but also dangerous and harmful for society coupled with the fact it will give courage to others to play with the modesty of public at large, thus rightly both the Courts below restrained themselves in enlarging the accused-applicant on bail.–Bail was rejected.
Prevention of Electronic Crimes Act PLJ 2020 Cr.C. (Note) 19
