Storing & Circulating Indecent Videos Of Women Becoming A Serious Menace In Society: Allahabad High Court

A bench of Justice Ajay Bhanot also said that the poor quality of investigations into I.T.-related offences and cyber offences is becoming a “major fault line” in the functioning of investigations.

The Court made these observations while refusing bail to Mange @ Ravindra, who has been booked under Sections 376D, 506 IPC, and Sections 5G/6 of the POCSO Act and has been in jail since November 2023.

Noting that the applicant has been accused of committing rape and capturing indecent videos of the victim, the Court while emphasising the severity of the offence, found it inappropriate to grant the applicant bail at this stage. Consequently, the request for bail was denied.

However, in the interest of justice and considering the nature of the offence, the Court directed the trial court to conclude the trial expeditiously, preferably within one year.

The Court added that the trial court must also be conscious of the rights of the accused and is legally obligated to ensure that all expeditious, necessary, and coercive measures are adopted to ensure the presence of witnesses.

The Court also directed that the Senior Superintendent of Police, Bulandshahar file an affidavit before the trial court on the date fixed regarding the status of execution of the warrants/service of summons taken out by the learned trial court.

The court further directed that if the police authorities fail to execute the warrants or other coercive measures, the Senior Superintendent of Police, Bulandshahar, shall state the reasons in the affidavit and show the steps taken to execute the warrants.

In this regard, the Court also said that the delay in executing warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and must be addressed effectively by all stakeholders.

The Court also directed the trial court to examine whether the judgements of this Court in Bhanwar Singh @ Karamvir vs. State of U.P. 2023 LiveLaw (AB) 288, as well as directions of Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. issued in compliance thereof, have been implemented or not and to take appropriate action as per law.

Case title - Mange @ Ravindra vs. State Of Up And 3 Others 2024 LiveLaw (AB) 348