OTT porn film case: Raj Kundra, Sherlyn Chopra, Poonam Pandey granted anticipatory bail by Supreme Court

The Supreme Court on Tuesday granted anticipatory bail to businessman Raj Kundra, models Sherlyn Chopra and Poonam Pandey, and two others in connection with the OTT porn film case of 2021 [Ripu Sudan Balkishan Kundra alias Raj Kundra v. State of Maharashtra]..A Bench of Justices KM Joseph and BV Nagarathna noted that all the accused were already on interim anticipatory bail, and chargesheets had been filed against them. The anticipatory bail was accordingly confirmed subject to the accused cooperating with the probe and further conditions which could be imposed by the concerned trial court..The case emanated from a complaint by one Madhukar Krishan Keni against certain websites and online platforms containing obscene material.Kundra was arrested by Mumbai Police in July 2021. His plea assailing his remand to custody and subsequent orders of the Metropolitan Magistrate in the porn film racket case was dismissed by the Bombay High Court on August 7, 2021.In September 2021, the Mumbai Police filed a 1,497 page chargesheet against Kundra and three others. Subsequently, Kundra moved for regular bail, which was granted..Kundra had in August moved a Mumbai court seeking discharge in the matter. He denied having links to sale of any pornographic material, but admitted to having invested in one Armsprime Media Pvt Ltd, which was a company under investigation in the case.He has also contended that the first chargesheet filed in the case had no evidence against him while the supplementary chargesheet did not state that victims were coerced or threatened by Kundra or his associates.The application before the lower court further stated that the material collected during the investigation did not indicate even a prima facie case against Kundra for want of proof of essential ingredients.Kundra was chargesheeted under Sections 354C (voyeurism), 292, 293 (sale of obscene material), 420 (cheating) and 201 (causing evidence to disappear) under the Indian Penal Code, and Sections 67, 67A (transmission of sexually explicit material) under the Information Technology Act, and provisions of the Indecent Representation of Women (Prohibition) Act.Chopra and Pandey had filed their bail pleas apprehending arrest under the same provisions. .The Supreme Court had earlier this year granted interim protection from arrest to the two models/actresses in the matter, and sought the response of the Maharashtra government. .Advocate Gopal Balwant Sathe represented Kundra, advocate Soayib Qureshi represented Pandey, and advocate Sunil Fernandes represented Sherlyn Chopra. Advocate Aaditya Aniruddha Pande represented the Maharashtra government.