The Supreme Court on Wednesday stayed the Bombay High Court order against Bollywood actor Gehana Vasisth in a porn film case and said that Gehana would not be arrested in the third FIR registered in the case.
The Bench of Justices Sanjay Kishan Kaul and BR Gavai asked Gehana to join the probe, if the investigating agency needs it.
Advocate Ajit Wagh, appearing for the actor, argued that the prosecution had said they need custody because a pornography racket had to be unearthed.
Vasisth’s lawyer contended that the prosecution had stated that they needed detention because a pornography racket has been discovered.
Three FIRs have been filed against Gehana for making pornographic content and uploading them on certain OTT platforms. She has secured bail in the two FIRs that were lodged against her. The third FIR was filed by the Mumbai Police Crime Branch earlier in July.
Gehana had applied for anticipatory bail in the FIR filed under Sections 354C, 292 and 293 of the Indian Penal Code; Sections 66E, 67, 67A of the Information Technology Act; and provisions of the Indecent Representation of Women (Prohibition) Act.
On September 7, the Bombay High Court had rejected her anticipatory bail application, against which Vasisth had filed a petition in the Supreme Court.
Gehana had earlier filed a petition in the lower court to avoid her arrest, which was rejected. She challenged it in the Bombay High Court, which was also overruled by the High Court.
Raj Kundra, businessman and husband of Bollywood actor Shilpa Shetty, is also named in another FIR filed in connection with the pornographic video case. Kundra was granted bail earlier this week by the Chief Metropolitan Magistrate in Mumbai’s Esplanade court complex.