Ramji v. State of U.P. and Another
Case brief
What is this about?
In a bail application under Section 439 CrPC, the High Court rejected the plea seeking release for an accused charged with child sexual exploitation and circulating child pornography for profit. The court noted sufficient evidence against the applicant and dismissed the bail request until fact witnesses are examined.
What did the court decide?
Bail application rejected. Petitioner may revive plea after fact witnesses are examined. Trial court directed to record statements within six months.
What the court decided
Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59996 of 2022
Applicant :- Ramji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav
Hon'ble Dinesh Kumar Singh,J.
- Heard and gone through the file.
- The present bail application under Section 439 CrPC has been filed seeking bail in Case Crime No.RC1202021S0009 of 2021, under Section 67B I.T. Act, and Section 15 POCSO Act, P.S. CBI/ACB/GHAZIABAD, District Ghaziabad.
- Learned counsel for the applicant submits that he used child pornography and circulated the same for earning money. The CBI after investigation has found enough evidence which has been recorded in the charge sheet. Paragraph 16.(ii).11, 16.(ii)14 and 16.(ii)15 of the charge sheet which are relevant are extracted herein below:-
“16.(ii) - 11 That as such, the accused Ramji was using 13 Pdisk accounts in circulating/Sharing porn and CSEM materials against earning of money. He had shared 311 child porn videos with earning of 34.798 dollar as under:
| Username | Email ID | No. of shared videos |
Revenue (in $) |
|---|---|---|---|
| Ramlaal | ramlaal878 @ gm ail.com |
25 | 6.793 |
| dalledon | Kutiyabasor1@g mail.com |
40 | 3.555 |
| Babu878 | Babua87863@g mail.co.m |
30 | 3.567 |
| Choot878 | choot7863@gma il.com |
21 | 2.097 |
| Krishna878 | ramjivarmag@g mail.com |
51 | 7.591 |
| Jaanu878 | landfakeer878@ | 21 | 0.593 |
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 CrPC in proceedings for alleged child sexual exploitation.
Whether the forged intent of the charge sheet and serious allegations preclude bail at this stage.
Parties & counsel
- applicant
Ramji
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/59996/2022
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