The Punjab and Haryana High court refused to grant anticipatory bail to a man while observing that since the man and woman know each other doesn't entitle the former to misuse, circulate and post the objectionable images of the latter on social media.
The bench of justice Avneesh Jhingan was hearing the plea of a man who sought pre-arrest bail under section 354 and 354- A IPC and Section 66 of Information technology Act, 2000.
The FIR was lodged at the instance of the prosecutrix who alleged that the petitioner had circulated certain photographs of the prosecutrix on WhatsApp and delivered offensive messages on her mobile.
The prosecutrix informed her parents who involved certainly respectable of the village. However on 26 August 2020, he again circulated the photos.
In August 2020, he dragged the prosecutrix into the shop and did obscene acts. Also, she was threatened to be eliminated.
The petitioner's counsel said that the petitioner and prosecutrix knew each other since they were co-villagers.
The court while denying the benefit observed that "There is no date on the photographs and moreover even assuming that these photographs were earlier in time, this is not enough to permit the petitioner to malign the image of a girl."
Just because they knew each other doesn't entitle him to circulate the objectionable images of the prosecutrix.