Madhya Pradesh HC Grants Anticipatory Bail In Rape Case; Directs Accused To Surrender Electronic Gadgets & Social Media Passwords For Investigation
The Madhya Pradesh High Court also directed the accused to hand over any objectionable material, if found, to the victim.
The Madhya Pradesh High Court granted anticipatory bail to a rape accused while directing him to surrender all his electronic gadgets to the investigating agency along with the password of his all social media platforms for the investigation.
The Court allowed the anticipatory bail Application filed by the accused under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS). The prosecution had alleged that the accused engaged in a long-term relationship with the victim under the pretext of marriage and later refused to marry her. The victim alleged that the accused had violated her privacy for nearly a decade and had shared her photographs with others.
A Single Bench of Justice Devnarayan Mishra ordered, “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.”
Advocate Qasim Ali represented the Accused, while Government Advocate B.K. Upadhyay appeared for the State.
Brief Facts
The accused was booked under Section 376(2)(n) of the IPC. He contended that the relationship was consensual and that there was no communication between the parties after 2018. He argued that the FIR was lodged belatedly in 2024, and therefore, no case was made out against him.
The State opposed the Application and submitted that the accused not only violated the victim’s privacy but also communicated her photographs to his friend circle, therefore, the custodial interrogation was required.
Court’s Order
The High Court notd that the fact that both the parties were in long relationship from 2010 to 2018 and both were serving in different places but then no allegation of violating of privacy was reported earlier and the FIR was only registered in 2024.
“Court deems it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting on the merit of the case, the application is allowed,” it held.
Consequently, the Court ordered, “Looking to the facts and circumstances of the case coupled with the fact that both were in long relationship from 2010 to 2018 and both were serving in different places but then no allegation of violating of privacy has been reported and FIR was registered on 10.12.2024 and both are major, hence, this Court deems it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting on the merit of the case, the application is allowed.”
Accordingly, the High Court allowed the Application.
Cause Title: Tej Narayan Sharma v. The State Of Madhya Pradesh (Neutral Citation: 2025:MPHC-JBP:5491)
Appearance:
Accused: Advocate Qasim Ali
Victim: Advocate Pratyush Tripathi
State: Government Advocate B.K. Upadhyay
