Delhi HC denies pre arrest bail in POCSO case, warns against exploiting social media for sexual crimes against minors

New Delhi [India], December 5 : The Delhi High Court, while rejecting pre-arrest bail in a POCSO case, emphasized the severity of allegations against the applicant, which suggest the exploitation of a child through coercion and blackmail for pornographic purposes.
The bench of Justice Amit Mahajan remarked that the applicant's actions exemplify the alarming trend of exploiting the anonymity and vast reach of social media platforms to commit sexual crimes against minors.
The Court added that the broader societal implications of such offenses and the urgent need to send a strong message against the misuse of technology.
Court in order further added that Considering that the present case involves electronic gadgets and electronic evidence, the task of the Investigating Agency seems arduous and they need to be given a fair play in the joints to investigate the matter in the manner they deem appropriate.
The matter requires thorough investigation which ought not to be curtailed by passing an order granting pre-arrest bail.
The relief of pre-arrest bail is a legal safeguard intended to protect individuals from potential misuse of power of arrest. It plays a crucial tool in preventing harassment and unjust detention of innocent persons.
However, the court must carefully balance the individual's right to liberty with the interests of justice. While the presumption of innocence and the right to liberty are fundamental principles of law, they must be considered in conjunction with the gravity of the offence, its societal impact, and the need for a comprehensive and unobstructed investigation.
It is settled law that the custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS').
Granting anticipatory bail to the applicant would undoubtedly impede further investigation. An order of bail cannot be granted in a routine manner so as to allow the applicant to use the same as a shield.
This court has perused the case diary and gone through the statements of the victim, mother of the victim and co-accused. There are materials in the case diary implicating the applicant in the allegations which the police are investigating.
The allegations against the applicant/accused are of a grave and serious nature, involving the exploitation and sexual abuse of a minor girl. The applicant is accused of coercing the victim into engaging in sexually explicit acts over video calls, recording the same without her consent, and using these recordings to blackmail her repeatedly. Such acts not only violate the personal dignity and privacy of the victim but also constitute serious offences under the BNS and the POCSO Act.