The Bombay High Court, presided over by Justice Revati Mohite Dere, granted pre-arrest bail to Mr. Anoop Parwani in Criminal Anticipatory Bail Application No.294 of 2015. The case pertains to allegations under Sections 323, 376, and 506 r/w Section 66E of the Information Technology Act, 2000, registered at Naupada Police Station, Thane.
The applicant and the prosecutrix had been in a relationship since June 2013, with Whatsapp messages serving as evidence of their association. The prosecutrix alleged that the applicant had taken photographs on his mobile. Pursuant to a court order, the applicant surrendered his mobile to the Investigating Officer, and all Whatsapp messages were seized during the investigation.
After reviewing the investigating officer’s report and the prosecutrix’s statement, the court noted that the question of voluntary consent would be determined at trial. Given the unique circumstances, the court granted pre-arrest bail to the applicant on conditions, including furnishing a PR Bond of Rs. 15,000 with sureties, refraining from witness tampering, and the destruction of Whatsapp message records.
The court’s decision underscores the complex interplay of technology, consent, and legal procedure in modern cases of this nature.
Source: Bombay High Court Judgment dated 11th March 2015, Criminal Anticipatory Bail Application No.294 of 2015