The Allahabad High Court has rejected the bail application of a woman accused of being involved in immoral practices of sexually abusing children/minors and making pornographic videos and uploading them on the Internet.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by the accused woman.
The application under Section 439 CrPC has been filed seeking bail in case under Sections 120-B read with 377 IPC and Sections 6 read with 5(c) (i)(m) and (n) and Sections 14, 15, 17 of POCSO Act and Section 67-B of Information technology Act, Police Station Special Crime III/ N.D/ CBI, New Delhi.
Accused-applicant is the wife of the main accused, Rambhawan, who was employed as Junior Engineer in Irrigation Department of Government of Uttar Pradesh. From reliable sources, an information was received that the husband of the accused-applicant was involved in immoral practices of sexually abusing children/minors and making pornography videos and uploading them on the Internet.
He was using mobile and three email IDs for publishing/ transmitting such media over Internet/Dark Web and other social media platforms. A pen drive was recovered, which contains 34 videos and 679 photographs related to child sexual abuse, which are being sold/ shared over Darkweb and other social media platforms/websites by the husband of accused-applicant and others.
The Court noted it is further alleged that several incriminating material/items were recovered such as 10 mobile phones, 2 laptops, sex toys, 6 memory cards, 6 pen drives, 1 digital video recording camera from the possession of the husband of the accused-applicant and from her. During search, Rs 8,27,650 was also recovered from the residence of the accused-applicant and co-accused. On pointing out of the co-accused, Rambhawan, one PS 4 video-game player, 8 oil bottles, 2 remote control devices for playing video games on PS4 video-game player, 5 Compact Disks of video games and BSNL Modems for internet connection, which he was using in commission of offence on small children were also recovered.
Allegation against the accused-applicant is that she was also involved in assisting and aiding her husband in sexually abusing and uploading the obscene videos of children/minors for earning money. Some of the children who were sexually exploited, have recorded their statement under Section 164 CrPC alleging that co-accused Rambhawan would ask them to have sex with his wife and she also indulged in sexual activity with the children. There is no child born from the wedlock of the accused-applicant and co-accused. The victims are 12-18 years old boys, who were exploited and the videos of indecent sexual acts were uploaded by the accused-applicant and coaccused, Rambhawan.
“Considering the statements of some of the victims recorded under Section 164 CrPC and the involvement of the accused applicant with her husband, the Court does not deem it appropriate to enlarge the accused-applicant on bail at this stage,” the Court observed, rejecting the bail application.
“However, the trial court should proceed with the trial and after framing of charge, record statements of some of the victims at least three victims within a period of six months. Once the three victims are examined in court, the accused-applicant may revive her bail plea by filing a fresh bail application, if she is so advised,” the Court ordered.