Madhya Pradesh High Court Directs Rape Accused To Handover All Electronic Gadgets, Password Of Social Media Accounts For Investigation
While granting anticipatory bail to a rape accused, the Madhya Pradesh High Court directed him to handover all his electronic gadgets along with the password of his all social media platforms to the investigating agency. The court also directed the applicant to submit all documents and intimate pictures of the victim to the investigating agency and the victim.The single judge bench of...
While granting anticipatory bail to a rape accused, the Madhya Pradesh High Court directed him to handover all his electronic gadgets along with the password of his all social media platforms to the investigating agency. The court also directed the applicant to submit all documents and intimate pictures of the victim to the investigating agency and the victim.
The single judge bench of Justice Devnarayan Mishra observed, “Applicant is directed to cooperate with the investigating agency and shall submit all the documents and intimate photographs of victim that are in his possession to the investigating agency and victim too. Applicant shall also handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation and if any objectionable material is found, it shall be hand over to the victim and agency. Investigating agency shall return all the gadgets of applicant after receiving/taking data from digital peripheral devices positively.”
The present application was filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023/Section 438 of Cr.P.C., 1973 seeking anticipatory bail for the offence punishable under Section 376(2)(n) of IPC.
The counsel for applicant submitted that the applicant and the victim are major and both are working as engineer. There were friendly relations between them since 2006. They were having consensual relation from 2010 to 2018 and in the year 2018, the applicant was working in Bangalore and after that there was no talk between them. Since the FIR has been lodged on 10.12.2024, therefore, no case is made out against the applicant.
The counsel for objector submitted that no case for anticipatory bail is made out as on the pretext of marriage, applicant has violated the privacy of victim for 8 to 10 years, time and again he promised to marry her but later denied, thus it is clear case of violating the privacy of victim which is punishable under Section 376(2)(n) of the IPC, hence, the anticipatory bail of applicant be dismissed.
The counsel for State submitted that the applicant not only violated her privacy but also communicated her photographs to his friend circle, therefore, the custodial interrogation was required.
The court considered the fact that both were in long relationship from 2010 to 2018 and were serving in different places but then no allegation of violating of privacy was reported and FIR was registered in 2024 and both are major. Thus, the court granted anticipatory bail to the applicant without commenting upon the merits of the case.
However, the court directed the applicant to submit all the documents and intimate photographs of victim that are in his possession to the investigating agency and victim too. Further, the court also directed him to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for investigation.
Case Title: Tej Narayan Sharma Versus The State Of Madhya Pradesh, Misc. Criminal Case No. 2736 Of 2025
Citation: 2025 LiveLaw (MP) 36