The Delhi High Court recently refused to entertain an anticipatory bail plea in a case filed against a man for sexual harassment through Instagram [Saiful Khan v. State & Anr]. .Justice Amit Mahajan observed that the investigation is currently at a nascent stage and that the power to grant anticipatory bail is to be exercised sparingly. The order stated,"The allegations against the applicant are of a grave and serious nature, involving the exploitation and sexual abuse of a minor girl. The applicant is accused of coercing the victim into engaging in sexually explicit acts over video calls, recording the same without her consent, and using these recordings to blackmail her repeatedly. Such acts not only violate the personal dignity and privacy of the victim but also constitute serious offences under the BNS and the POCSO Act.".The Court went on to highlight the increasing misuse of social media and technology to exploit and intimidate vulnerable individuals, particularly minors."The actions of the applicant exemplify the disturbing trend of exploiting the anonymity and reach of social media platforms to perpetrate sexual crimes against minors. This Court cannot ignore the broader societal implications of such acts and the urgent need to send a strong message against the misuse of technology.".The first information report (FIR) was lodged by a minor girl alleging sexual harassment and exploitation for pornographic purposes through Instagram.The accused allegedly coerced the minor into engaging in sexually explicit acts over video calls, recording the same without her consent, and using these recordings to blackmail her repeatedly. .The plea for pre-arrest bail came before the High Court after the Sessions Court had rejected it in the first instance. Rejecting the petition, the Court stated that "granting pre-arrest bail would set an inappropriate precedent and undermine the societal interest in safeguarding children from such reprehensible acts.".Advocates Kashif Athar and Faraz Mirza appeared for the accused.Additional Public Prosecutor Rajkumar appeared for the State..[Read order]
The Delhi High Court recently refused to entertain an anticipatory bail plea in a case filed against a man for sexual harassment through Instagram [Saiful Khan v. State & Anr]. .Justice Amit Mahajan observed that the investigation is currently at a nascent stage and that the power to grant anticipatory bail is to be exercised sparingly. The order stated,"The allegations against the applicant are of a grave and serious nature, involving the exploitation and sexual abuse of a minor girl. The applicant is accused of coercing the victim into engaging in sexually explicit acts over video calls, recording the same without her consent, and using these recordings to blackmail her repeatedly. Such acts not only violate the personal dignity and privacy of the victim but also constitute serious offences under the BNS and the POCSO Act.".The Court went on to highlight the increasing misuse of social media and technology to exploit and intimidate vulnerable individuals, particularly minors."The actions of the applicant exemplify the disturbing trend of exploiting the anonymity and reach of social media platforms to perpetrate sexual crimes against minors. This Court cannot ignore the broader societal implications of such acts and the urgent need to send a strong message against the misuse of technology.".The first information report (FIR) was lodged by a minor girl alleging sexual harassment and exploitation for pornographic purposes through Instagram.The accused allegedly coerced the minor into engaging in sexually explicit acts over video calls, recording the same without her consent, and using these recordings to blackmail her repeatedly. .The plea for pre-arrest bail came before the High Court after the Sessions Court had rejected it in the first instance. Rejecting the petition, the Court stated that "granting pre-arrest bail would set an inappropriate precedent and undermine the societal interest in safeguarding children from such reprehensible acts.".Advocates Kashif Athar and Faraz Mirza appeared for the accused.Additional Public Prosecutor Rajkumar appeared for the State..[Read order]
