Digital Crimes Can Destroy Lives: Allahabad High Court Denies Bail To Man Accused Of Circulating Woman’s Indecent Photos On WhatsApp

The accused had been arrested in January 2025 and was charged under several provisions of the Bharatiya Nyaya Sanhita (Sections 74, 352, and 351(2)), Section 64(1) of the BNS, and Section 67A of the Information Technology Act, 2000. He allegedly circulated the victim’s intimate images through WhatsApp, prompting his arrest. After his bail application was rejected by the trial court in April 2025, the accused approached the High Court seeking relief.

A Bench of Justice Ajay Bhanot held, "Digital technology is altering the face of crime. Indecent pictures of a person when circulated on public platforms by social media can destroy lives. This is the hard social reality."

Advocate Satyam Mishra appeared for the Petitioner.

The High Court noted, “The indecent photographs of the victim were circulated by the applicant on whats app. Some of the images had been recovered and sent for examination before the FSL. The FSL report is awaited. The offence is grave. There is likelihood that the applicant had committed the offence. At this stage, no case for bail is made out.”

Given the severity of the accusations and the potential societal damage caused by the digital dissemination of indecent content, the Court refused to grant bail.

While denying the bail plea, the Court took measures to ensure a prompt judicial process. The Court said that the trial must be concluded preferably within one year from the date of receipt of a certified copy of the order. It directed, “The learned District Judge is directed to take weekly reports of the progress of the trial. The concerned Deputy Director, Forensic Science Laboratory to ensure that the FSL report is produced before the trial court within a period of two months.”

The Commissioner of Police, Prayagraj has been directed to file an affidavit before the trial court on the status of warrant and summons execution.

Further, the trial court and counsels were instructed to adhere to directions issued in Noor Alam v. State of U.P. concerning the continuation of trial proceedings during strikes to prevent undue delays.

If police fail to comply with the Court’s directives, the trial court has been authorized to seek affidavits from the relevant Senior Superintendent of Police and take appropriate legal action, including summoning officials in person.

Cause Title: Ramdev v. State of U.P., [2025:AHC:94437]

Appearance:

Petitioner: Advocates Satyam Mishra, Shailendra Singh