Criminal Procedure Code, 1973
Section 439(2) read with Section 482—Anticipatory bail—Prayer for cancellation—FIR registered under Sections 354D/376/506 of IPC—A perusal of bail order reveals that the IO had submitted before the Trial Court that investigation had been completed, the laptop as well as mobile phone of accused had been seized, the accused had cooperated with investigation and that there was history of friendship between the parties since they were working and commuting together—No complaint has been lodged by complainant against accused after he had been granted bail—Petitioner/complainant has also not approached the concerned Witness Protection Committee in case she is being threatened by the accused—IO who was present in the Court also stated that all the photographs and intimate material in the possession of accused had been seized by him which was contained in the laptop and mobile phone of the accused—Court is not inclined to cancel the bail granted to the accused as interfering with personal liberty of accused, once he has been granted bail by a detailed order, without there being any strong material against the accused warranting cancellation of bail, is not the mandate of law—However, it is directed that accused will not post, use or misuse the intimate pictures of the complainant in any manner and if he is still in possession of any such material, he will hand over the same to the IO and in case he will misuse such photographs, etc, the same will become a ground for cancellation of bail and the petitioner/complainant will be at liberty to approach the Trial Court for cancellation of anticipatory bail since anticipatory bail in this case was granted by the Trial Court—Application dismissed.
[Paras 7 to 9]