Dismissed

Ajeet Kumar v. Central Bureau of Investigation

Allahabad HC7 Feb 2023BAIL/33647/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, through Hon'ble Dinesh Kumar Singh, J., dismissed a bail application filed by an accused charged under IPC, POCSO Act, and IT Act. The applicant was accused of sharing child sexual abuse material and exploiting minors aged 12-13 years. The court rejected the bail plea citing the heinous nature of the offense and strong evidence.

What did the court decide?

Bail application under Section 439 Cr.P.C. rejected.

Ajeet Kumar Vs Central Bureau of Investigation — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33647 of 2022

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Applicant :- Ajeet Kumar Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- Sanjay Kumar Yadav

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Dinesh Kumar Singh, learned counsel for the accused-applicant as well as Sri Gyan Prakash, learned Senior Advocate and Deputy Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel for the Central Bureau of Investigation (for short ‘CBI’) and perused the record., learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.RC10(S)/2022/SC-III/N.D., under Sections 120-B IPC, Sections 4, 6, 8, 10, 14, 15 and 17 POCSO Act and Section 67B of Information Technology Act, Police Station CBI, Special Crime-III, New Delhi.

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As per the allegations in the FIR, co-accused Rambhawan and the present accused-applicant with their user IDs, [email protected], [email protected], [email protected] and [email protected] respectively had shared and exchanged various Child Sexual Abuse Material (CSAM) i.e. picture/videos depicting children in obscene or indecent or sexually explicit manner between the period from January, 2015 and February, 2016 onwards. The present accused-applicant would ask for CSAM from co-accused Rambhawan.

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Accused-applicant had used several email accounts to transmit

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sexually explicit child abuse pictures, material, acts to several persons. This incriminating material would relate to child sexual abuse, photos, videos etc. which were recovered from the email accounts of the accused-applicant and were restored in his email accounts.

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On analysis and scrutiny of mobile phone data, incriminating material was recovered from the accused-applicant in the form of photographs and video clips (depicting Child in Sexually Explicit Manner) and various online social media platforms including Whatsapp and Telegram connected with the mobile phone numbers being used by the accused-applicant.

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The accused-applicant was in constant touch with other coaccused. Accused-applicant had met co-accused Ajay Kumar Gupta through Bluedapp (mobile app generally used by LGBT community) in the year 2019 while he was preparing for competitive exams at Patna, Bihar. The accused-applicant shared his feelings for performing sexual activities with minor kids to coaccused Ajay Kumar Gupta, resident of Sakaldiha, District Chandauli, Uttar Pradesh. On the insistence of accused-applicant, co-accused Ajay Kumar Gupta lured minor victims and captured nude photographs and video clips in the year 2019. Age of the minor kids was about 12-13 years. The sexual activity with the minor victims was photographed and video clip was made. There are several instances found during the course of investigation for exploiting the minor children by the accused-applicant. The offence committed by the accused-applicant is serious in nature, which would have effected the life and future of the minor victims.

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Considering the heinousness of offence, its gravity and the evidence available against the accused-applicant, this Court does

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not find any ground to enlarge the accused-applicant on bail.

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Bail application is accordingly rejected.

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Order Date :- 7.2.2023 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Ajeet Kumar v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

Ajeet Kumar v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

What the court decided

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